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(영문) 수원지방법원 2019.09.06 2019고단2040
특수폭행등
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 December 14, 2018, the defendant entered into a contract with the management office of the above apartment, and entered into a dispute with the victim C (the age of 46) who is the counter-contractor, and the ship.

At around 12:00 on December 15, 2018, the Defendant discovered that the work of the Victim C was completed, and discovered that the work of the Victim C was in danger at the parking lot of the above apartment complex on the first floor above 12:00, the Defendant sold the part of the part of the body left by the Victim C toward the Victim C, thereby taking the Victim’s timber into his hand and selling the part of the body, and continuously putting the Victim D (the age of 48) against the Victim C’s knife away from the floor, and prevented the Defendant, thereby harming the Victim D.

Accordingly, the defendant, carrying dangerous things, assaults the victim C, and assaults the victim D.

Summary of Evidence

1. A protocol concerning the examination of suspect by the police against C or D;

1. Investigation report (investigation of statements made by shots E), investigation report (report on hearing statements made by shots E), investigation report (field investigation matters);

1. Application of Acts and subordinate statutes to suspect C Assault 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. 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 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) Group 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] No repeated crime, special Violence (Special / Special /Special / (Special / Recommendation field and Recommendation / Scope of Recommendation)] basic area, imprisonment with prison labor for up to April 10 months;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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