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(영문) 대구지방법원 포항지원 2020.05.14 2020고단188
특수폭행등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father of the victim B (years 18).

1. Around January 2014, the Defendant: (a) committed assault against the victim by carrying dangerous objects at least seven times in total, as shown in Appendix 1, until October 9, 2019, on the ground that the victim made a false statement in his/her residence located in Nam-gu CFD; (b) when the victim was fright to walk the head of the victim, which is a dangerous object in his/her house, by walking the head of the victim; and (c) from that time, the victim’s body was fright up to October 9, 2019.

2. Around August 2019, the Defendant assaulted the victim on three occasions in total, as shown in Appendix 2, from that time until September 2019, on the ground that the victim does not have his/her life at his/her residence located within the south-gu E building F at the port, and that he/she does not have his/her life at the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning B;

1. A report on investigation (68 pages of investigation records);

1. Application of text messages to each statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261 and 260 (1) of the Criminal Act (a point of special violence) and Article 260 (1) of the Criminal Act (a point of violence) of the same Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Aggravation elements of the first crime (special assault) (Special Violence) (Determination of Punishment): Aggravation of the assault crime [Type 6], repeated crime, special assault (Special Aggravation of Punishment): Where the person commits repeatedly a crime against unspecified or many unspecified victims or over a considerable period of time (the area of recommendation and the scope of recommendation), six months to two years;

(b) Second Crime (Special Violence Decision) (Special Violence Decision) / 03. Violence / [Type 6] Cumulative Offense, Special Violence (Special / Special Aggravation) : unspecified or unspecified.

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