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(영문) 창원지방법원 진주지원 2020.06.02 2019고단1627
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 01:10 on November 13, 2019, the Defendant: (a) while drinking alcohol in the “D” drinking house operated by the Victim C (L, 58 years of age) in Jinju City B; (b) seeing that the business hours have been terminated from the victim, the Defendant: (c) stated, “The year in which the victim is suffering,” and (d) stated, “the year in which the victim is suffering.” (e.g., the year in which the victim is suffering, if the victim is suffering, once the victim’s head is clicked, and the victim’s head is clicked at one time with the victim’s head, and assaulted the victim’s head at one time and once by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the scene of damage, criminal tools, and photographs of damaged parts;

1. Article 261 of the Criminal Act and Articles 260(1) of the Criminal Act regarding criminal facts, the reasons for sentencing choice of imprisonment with prison labor, even though the defendant was punished for several violent crimes, and again, the defendant committed the instant crime. In light of the circumstances and contents of the instant crime, the degree of the type of the defendant exercised, and the fact that the defendant seems to have repeatedly committed violent crimes, it is necessary to strictly punish the defendant.

However, in full view of the fact that the defendant's mistake is recognized, the victim does not want the punishment against the defendant by agreement with the victim, and all of the sentencing conditions, such as the age, character and conduct, environment, motive of the crime and circumstances after the crime, as shown in the records and arguments of this case, shall be determined as the disposition.

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