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(영문) 광주지방법원 2020.09.10 2020고단2804
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 28, 2020, at around 01:35, the Defendant, at the point of "C" in Nam-gu, Nam-gu, Gwangju, he had a horse-related dispute with other daily behaviors, and had been demanded from the victim D (Nam, age 59) who is the customer, to make a prompt demand to see him, and had an empty small-scale disease, which is a dangerous object on the table table, left on the body of the victim's head, was placed on the part of the victim's hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement of D to Acts and subordinate statutes governing field photographs;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] violent crimes [Type 6] repeated offenses and special assault [Special Convicted Persons] mitigated elements: In the area of reduction of punishment [the area of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and February through February 1 and two months;

3. Determination of sentence: The sentencing factors favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, result and circumstances after the crime, shall be taken into account, in comprehensive consideration of various sentencing conditions, such as the defendant's age, character and behavior, environment, motive of the crime, method and method of the crime, result and circumstances, etc., although the defendant's liability does not be light due to the risk of his/her behavior for a period of four months of imprisonment and a stay of execution one year, the defendant's mistake and reflects his/her mistake, the victim does not want the punishment against the defendant, the defendant has no record of criminal punishment since 198, and the defendant seems not to have sufficient financial situation.

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