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(영문) 서울북부지방법원 2020.09.18 2020고단901
특수폭행
Text

Defendant

A Imprisonment with prison labor for four months and for one year, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A around 01:30 on February 12, 2020, at D cafeteria located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant collected two beer-cickers, a dangerous object on which he had come to the seat table, in the order of the victim, and committed assault against the victim, by gathering one beer-cicker, a dangerous object in the same place where he had been placed in the same place as the victim avoided it, and by gathering one beer-be, a dangerous object in the same place.

2. Defendant B, as in the date and time set forth in paragraph (1), was assaulted by the victim A (n, 31 years of age) at the time and place set forth in paragraph (1), and the victim was collected from the victim’s head, and the victim was placed at the victim’s head, and the victim was in need of medical treatment for about 15 days.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the Defendants’ respective legal statements E, F’s field pictures, damaged photographs, etc.

1. Relevant Articles 261 and 260(1) of the Criminal Act; Defendant A who choose to imprisonment with prison labor: Articles 258-2(1) and 257(1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B: Defendant A with the reason of sentencing under Article 62-2 of the Criminal Act;

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

2. The scope of recommendation according to the sentencing guidelines [decision of types] the basic area of recommendation [the scope of recommendation area and recommendation range] that there is no repeated crime or special violence (special person to be punished] (the area of recommendation and recommendation range], and April through October of the year;

3. The criminal intent of the sentence is to prevent the criminal defendant from committing a crime, and the criminal attitude is likely to be dangerous, and the criminal liability is not to be minor, and the criminal defendant has been punished by a fine due to an assault;

However, the fact that the defendant's mistake is recognized and against the defendant, that the defendant was damaged at the time, that the defendant supported his/her child and that the economic situation is not sufficient, and that the defendant's age, character, character and behavior are other.

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