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(영문) 의정부지방법원 고양지원 2020.01.22 2019고단2538
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 06:30 on April 20, 2019, the Defendant: (a) under the influence of alcohol at the park in front of the C convenience store in Goyang-gu, Soyang-gu; (b) called “I am scar,” and the victim E (the age of 23) “I am scar,” and (c) heard the answer from the victims that “I am scar. I am sal.. I am sal.. I am. I am. I am.? I am. I am. I am. I am. I am. I am the back of the victim D’s body with his hand, ambling the body, flap and spathing the victim’s body, going beyond the victim D’s face, followed the victim’s head by several times, and went the victim’s body into the victim’s body, followed the victim’s e.b., the victim’s body.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of D or E;

1. Report on internal accidents (statement F);

1. Application of the Acts and subordinate statutes to suspect face photographs and CCTV images-cape photographs;

1. Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment for the crime;

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 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 and 2 crimes (each decision on types of violence) and the group of assault crimes [Class 6] and the group of repeated crimes and special assault [Special Punishment] mitigated elements: In the area of mitigation of punishment [the area of recommendation and recommendation range] mitigated, two months to one year and two months;

(b) Scope of recommendations according to the standards for handling multiple crimes: Two months to one year (the maximum of crimes No. 2).

3. The accused who has rendered a sentence of sentence shall be considered as crimes of the same kind of violence.

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