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(영문) 대구지방법원 안동지원 2016.05.20 2015고단775
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

On November 04, 2015, at around 22:30, the Defendant, while drinking alcohol at D main points in Ansan-si C, had been drinking alcohol on the side of the victim E (49 tax) and drinking expenses, had three times the face of the victim, three times the head of the victim, and one time the victim had his/her right blue, and tried to gather beer blue, which is a dangerous object on his/her blue, and tried to blue the victim. However, the Defendant was able to blue the beer blue by making the beer blue back the beer blue, and was flueing the beer blue, and blue the victim’s blue.

In this respect, the defendant carried a dangerous thing with beer, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to F and E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV);

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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

2. Scope of recommended sentences based on the sentencing guidelines: A person who suffers damage from four months to one year and two months (the area of mitigation) does not want to be punished by the defendant.

3. Prior to the determination of sentence, the Defendant had been subject to criminal punishment several times for violent crimes, and has the ability to punish the sentence, and the Defendant’s act of displaying beer disease, which is dangerous objects, appears to have strekeed considerable fear, and the Defendant intentionally was absent on the date of the instant trial and thereby obstructing the progress of the trial, etc. are disadvantageous to the Defendant.

However, the fact that the defendant reflects the mistake, the degree of damage suffered by the victim is relatively minor, and the injured person does not want the punishment of the defendant by mutual consent with the victim.

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