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(영문) 인천지방법원 2020.10.30 2020고단2103
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 11, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and obscenity by the Incheon District Court, and the execution of the sentence was terminated on August 23, 2018.

【Criminal Facts】

At around 17:50 on December 25, 2019, the Defendant: (a) received a report to the police by finding the Defendant’s smoking and stating that “Ising to smoke by smoking,” and (b) intended to move the place to the east Man-do basin of damage caused by the Defendant; (c) however, as the victim prevented it; (d) was a hand, carrying the fluor’s disease, which is a dangerous object, the Defendant saw the victim’s left side knife at one time.

The victim continued to stop the front of the defendant, the defendant, and the defendant, by hand, had the shoulder of the victim and the left face of the victim one time, and the victim's body was pushed by hand with the left shoulder of the defendant and pushed the victim's body once.

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

Summary of Evidence

1. Previous records of the Defendant’s legal statement C’s written statement of the police record, video CD investigation report, and criminal records: The application of criminal records, interview reports (A), confirmation of punishment records for violent crimes, and confirmation of repeated crimes;

1. Article 261 of the Criminal Act; Articles 261 and 260 of the Criminal Act; Selection of imprisonment with prison labor;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] used to commit violent crimes: [Type 6] used to commit repeated crimes and special assault [the scope of recommendations and recommendations] without any person [the scope of a person who is specially punished]. The basic area of recommendations and recommendations, four months of imprisonment to ten months.

3. The fact that the instant crime committed by the sentence of sentence did not cause injury to the victim is reasonable and reasonable.

On the other hand, the crime of this case is committed by carrying dangerous articles by the defendant.

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