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(영문) 부산지방법원 2020.12.16 2020고단2131
폭행
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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[criminal power] On November 21, 2019, the Defendant was sentenced to two years of suspension of execution for the crime of interference with business at the Busan District Court on May 21, 2019, and the said judgment became final and conclusive on November 29, 2019 and is still under suspension of execution.

【Criminal Facts】

On April 24, 2020, at around 00:05, the Defendant requested the victim to prepare a written agreement with regard to the previous assault case within the main point of the "D" operated by the victim C (Y, B, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A photograph by capturing a CCTV image;

1. Previous records of judgment: Application of criminal history records, investigation reports (verification of final and conclusive judgments), copies of written judgments (record 63 pages);

1. The relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of recommendation [decision of type] according to the sentencing guidelines and the scope of recommendation [No person who has a general assault [No person who has a special assault] [the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation range], and February through October]; and

2. Determination of sentence: In light of the motive, circumstance, and degree of damage of the instant crime, the nature of the instant crime is not good;

It is inevitable to sentence sentence because it is repeated for the same crime, and even during the suspension period, it is highly likely to repeat the crime of this case.

Therefore, in consideration of the age, character and conduct, environment, and circumstances after the crime of the defendant, the punishment is determined as per the disposition.

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