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(영문) 대구지방법원 2020.02.06 2019고단5960
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 became final and conclusive.

Reasons

Punishment of the crime

On October 9, 2019, at around 15:30 on October 15, 2019, the Defendant changed the alcohol to the victim D (the age of 63) in front of the C cafeteria located in Daegu-gu, Daegu-gu, but the Defendant heard the horses from the victim that “the Defendant spawn at the same time with a large volume of drinking water” was “the Defendant spawn from the victim,” and collected an empty beer’s disease, which is a dangerous object on the table, and collected the head of the victim twice.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by a detailed statement of handling reported cases);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes [Type 6] repeated offenses and special assault [Special Convicted Persons] mitigated elements: In the area of reduction of punishment [the area of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and February through December 12;

2. In light of the fact that the Defendant, who was sentenced to sentence, was at the time of the victim’s head due to beer’s disease, etc., the nature of the crime is inferior and the degree of criticism is large.

However, the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, family relationship, home environment, and circumstances before and after the crime, are equally considered and the sentence is determined as ordered.

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