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(영문) 대전지방법원 2019.07.23 2019고단852
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On July 11, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Daejeon District Court. On December 9, 2017, the Defendant completed the execution of the sentence in the Daejeon Prison.

【Criminal Facts】

On February 22, 2019, at around 10:45, the Defendant expressed, without any particular reason, the victim D (at the age of 41), who walked a trial expense, and singing the victim “Chewingly” in front of the funeral ceremony in Seo-gu Daejeon, Seo-gu, Daejeon, and assaulted the victim’s face face by a cigarette, which is a dangerous object, on two occasions.

Summary of Evidence

1. Defendant's legal statement (the second public trial);

1. Damage photographs;

1. Statement of the victim D's damage;

1. A criminal investigation report (Attachment to a written application for no punishment);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act that apply to the crimes;

1. Grounds for aggravated punishment under Article 35 of the Criminal Act among repeated offenders: The nature and circumstances of such crime are inferior in light of the patterns, degree, etc. of the act of assault, the power to punish fines, such as a special assault, and power to punish repeated crimes;

(b) Grounds for mitigation: Confession, treatment of the principal offender and the need for assistance, the victim's punishment or non-facing, etc.;

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