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(영문) 울산지방법원 2020.03.26 2019고단5317
특수폭행등
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On November 7, 2017, the Defendant was sentenced to one year of imprisonment for a crime of assault, etc. at the Ulsan District Court, and the execution of the sentence was completed in the first prison of North Korea on November 4, 2018.

1. A special assault Defendant: (a) around 20:40 on November 8, 2019, in Qu’s P management in Ulsandong-gu P, Ulsan-gu; (b) was made with other customers and had a dispute with other customers; (c) was committed by the victim R (54) who was a customer, on the ground that the Defendant was the Defendant’s speech, the Defendant collected a small-scale illness, which is a dangerous thing in the table, was fluenced by the victim’s head; and (d) committed assault by the victim.

2. The Defendant destroyed and damaged property at the same time and at the same place for the same time, for the foregoing reasons, 3 boards of a disturbance equivalent to 15,000 won at the market price owned by the above victim P (n, 53 years old) were laid on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of P and R;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (written rulings related to repeated crimes of suspects and confirmation of the date of release);

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) of the Criminal Act (the point of special violence and choice of imprisonment), and 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] Cumulative Offense and Special Violence (Special / Aggravated Punishment / Aggravated Punishment) mitigated element: In the area of mitigation of punishment for the same repeated crime (the area of recommendation and the scope of recommendation), the area of mitigation of punishment for the same repeated crime (the scope of recommendation and recommendation), February to February;

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage [No. 1] Damage, etc. to Property (Special Punishment): Where actual damage is minor, the factors to increase the amount of punishment shall be increased: Reduction area of the same repeated crime [recommended area and recommendation range] mitigation area, imprisonment with prison labor for one month or six months;

(c) multiple crimes;

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