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(영문) 서울서부지방법원 2020.08.12 2020고단1649
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 15, 2020, the Defendant, while under the influence of alcohol at the roadside near the Seodaemun-gu Seoul Metropolitan City B market, assaulted the victim C (the age of 62) with dangerous things, such as dumping the victim’s breath by dumping the balle, blaping the victim’s balp, and flaping the victim’s balp, and flaping the victim’s balp, which is a dangerous thing located far away from the balp, flaping the victim’s finger.

2. At around 18:08 on the same day, the Defendant, under the influence of alcohol at E-cafeteria in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 18:08, inflicted an assault on the victim by having the victim go beyond the victim’s body by hand.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in C and F;

1. Each investigation report (the statement by a shote telephone and the confirmation of CCTV images at E-cafeterias);

1. Application of Acts and subordinate statutes to victim C Assault photographs and field photographs;

1. Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment), and 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) of the relevant criminal law concerning the criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence / [Attachment 6] No person who commits a repeated crime or special assault (Special / Special /Special / Doing Crime / [Scope of Recommendation and Recommendation], and April to October of the term of imprisonment;

(b) Second crimes (decision of types of violence) (decision of types) and violence crimes [Class 1] and there is no general assault [specific person] (the scope of recommendation field and recommendation range] basic area, imprisonment for February to October; and

(c) Scope of recommendations according to the standards for handling multiple crimes: April to two years (the maximum of crimes No. 2).

2. The decision of sentence shall be made in the following circumstances:

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