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(영문) 수원지방법원 성남지원 2021.01.13 2020고단2679
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a disability who enters a front wheelchairs with the first degree of disability.

On February 21, 2020, the Defendant attempted to dispose of timber wastes loaded on the cargo vehicle B in the front direction of Seongbuk-gu, Sungnam-gu, Sungnam-gu, 2020. However, the Defendant’s control over the victim C ( South, 70 years old) who is a forest fire supervisor ( South, 70 years old) against the Defendant’s “Isson’s superior”

The garbage collection, which is a dangerous and dangerous object, was fluent with hand, and brushed with the victim's necks and arms, and continued to spread the urine to the victim, citing the urine of the victim who was suffering from the electric wheel chairs, and then fluenced with the victim by gathering each item of the following behind the victim, and bruding him/her toward the victim, and bruding him/her into his/her hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and D and a statement of the preparation of C;

1. Application of investigation reports (on-site photographs submitted by the victim), and statutes governing the site photographs submitted by the victim;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the following grounds for sentencing)

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

2. The scope of the recommended punishment according to the sentencing guidelines [type 6] and the absence of a special assault [type 6] [the scope of the recommended area and the scope of the recommended punishment], the basic area of the recommended punishment [the scope of the recommended punishment], April through October.

3. Determination of sentence: Imprisonment with prison labor for four months, suspended sentence one year, and assaulting the victim by spreading the side of the instant crime, taking dangerous things, etc., and not having agreed with the victim, it is good that the crime of this case is committed, and that it is disadvantageous to the defendant.

However, the first offender who has no criminal history, and the attitude of recognizing and reflecting the crime of this case seems to be the attitude, and the first class disability of the lower half is not good.

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