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(영문) 창원지방법원진주지원 2020.12.10 2020고단1459
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 10:10 on June 28, 2020, the Defendant reported to 112 the victim C (the victim 52 years of age) as a matter of light parking in front of the Hadong-dong-dong-dong-dong-gun B (the victim 112 years of age), and reported to 112 on the issue of light parking in front of the Hanam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and collected the improvement of the victim's head, which is a dangerous object that was loaded in the above Hab-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and followed the victim's head by drinking the victim.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs, black boxes, and CDs for video production;

1. Application of the existing Acts and subordinate statutes to a confiscated one (No. 1);

1. Relevant Articles 261 and 260 (1) of the Criminal Act and the choice of punishment concerning the facts constituting an offense; Articles 261 and 260 of the Criminal 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 48 (1) 1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] the repeated crime, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated area, and February through February, respectively;

2. The sentence shall be determined as ordered in full view of the records, such as the developments leading up to the victims who have committed assault, the degree of assault committed to the victims, the degree of agreement with the victims, the health status of the defendants, and various conditions of sentencing as shown in the arguments in this case.

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