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(영문) 대구지방법원 포항지원 2019.07.18 2019고단434
특수폭행
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

At around 22:35 on February 23, 2019, the Defendant, at the main point of “C” located on the 9th floor of the north-gu building B in the north-gu, North Korea, the Defendant: (a) committed assault against the victim, such as the victim E (the victim E (the victim of the victim’s age 27) by male and sexual intercourse with D on the ground that the victim E (the victim of the victim’s age 27) took part of D; (b) by using an empty beer’s hand, which is a dangerous object in the table, as the victim’s left part; (c) taking the part of the victim’s part; (d) taking the victim’s left part; and (e) taking part of the victim’s part; (e) taking part of the victim’s face and the chest’s part of the chest; and (e) taking part in the victim’s right course once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 Reporting case management table;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including probation and orders to provide community service and attend lectures;

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. A sentence of imprisonment shall be selected in consideration of the fact that the crime was repeated despite the past record of punishment several times, including the details and result of the crime committed in the decision of sentence, violence, and damage to property, and that the damage was not recovered from the victim.

However, probation, community service order, and violent therapy lectures shall be limited to time, taking into account all the circumstances such as the defendant's health and family relationship, including the fact that the defendant is against the mistake and that there is no military force sentenced to imprisonment.

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