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(영문) 수원지방법원 2020.04.02 2019고단6380
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 00:02 on October 15, 2019, the Defendant, while drunk in Gyeonggi-si District B, without any justifiable reason, abused the victim D(31 years of age) by using the hand floor on one occasion, and assaulted the victim by taking advantage of an an Aluminium for the main purpose ( approximately 22 cm in total length), which is a dangerous object located there, or by taking advantage of an Aluminium for the main purpose, the victim’s face at one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. CCTV video CDs;

1. Application of the Acts and subordinate statutes to photograph photographs of criminal tools;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has committed a so-called crime to an unspecified person by deceiving him/her and committing a so-called offense.

However, the fact that the defendant has recognized and reflected all the errors, the fact that the defendant deposited one million won for the victim is considered as favorable circumstances, and the defendant's age, occupation, character and behavior, environment, criminal records, health conditions, and circumstances before and after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records and arguments of the case.

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