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(영문) 수원지방법원 2019.07.05 2019고단1326
특수폭행
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 January 23, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution by the Suwon District Court on January 23, 2017, and the records of the same violent crime are more than 21 times.

On March 20, 2019, at around 17:50, the Defendant, at the indoor package in Suwon-si B, performed drinking, together with the victim D, who had been aware of prior to drinking, and the victim was frighting to the face of the victim. On March 20, 2019, the Defendant, at around 17:50, took a part of the victim’s head at one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Photographs taken of CCTV images inside a C indoor packing machine;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include the following factors: (a) the Defendant committed the instant crime in spite of multiple violences; (b) the Defendant committed the instant crime in response to his confessions; (c) the Defendant’s age, character and conduct, intelligence and environment; (d) relationship with the victim; (e) the motive, means and consequence of the commission of the crime; and (e) the aforementioned punishment shall be

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