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(영문) 서울동부지방법원 2020.10.14 2020고단2334
특수폭행
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

At around 06:00 on July 6, 2020, the Defendant, at the Seongdong-gu Seoul, Seongdong-gu Seoul Metropolitan Government Pospons C, told that the victim D had a knife in the young body before the day before the victim's knife, “Ne knife with a knife,” and used a knife knife knife (8cm in knife, 20cm in knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the written statement E by the police concerning D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.

3. Determination of sentence: In the case of six months of imprisonment, two years of suspended sentence, the crime of assaulting the victim, which is a dangerous object by the defendant, is not good, but the defendant shows the attitude of recognizing and opposing his/her mistake, the fact that there is no history of punishment exceeding the fine except the punishment under the suspended sentence of imprisonment for a time in 201, and other punishment shall be determined in consideration of the relationship between the defendant and the victim, background of the crime, circumstances after the crime, the environment of the defendant, etc.

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