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(영문) 의정부지방법원 고양지원 2019.06.13 2019고단847
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On December 2, 2016, the Defendant was sentenced to imprisonment with prison labor for special injury, etc. at the Goyang Branch of the Jung-gu District Court on March 2, 2016, and was released on May 21, 2018 while serving in prison, and the remaining term of imprisonment has expired on September 22, 2018.

【Criminal Facts】

At around 03:10 on January 26, 2019, the Defendant got from the victim D (the age of 34) who is an employee of the location of the Defendant entering the room of another customer, and was requested to do so, the Defendant laid off the transition (the total length of 20cc and 10.5cm length of knife) which is a dangerous object (the length of 20cm and 10.5cm) that the Defendant was in possession of the main machine, and her face at one time to the right side of the victim by drinking.

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. Records of seizure, the list of seizure, field photographs, materials, etc., and excessive photographic materials which are seized;

1. Application of Acts and subordinate statutes to one copy of the statement on criminal records, one copy of the judgment, one copy of the investigation report, and one copy of the personal confinement status;

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 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Aggravation of the recommended punishment according to the sentencing guidelines [the range of punishment] of violent crimes [the category 6] repeated crimes and special assault [the special offender] aggravated factors: Aggravation of the same repeated crime [the scope of recommending punishment]: Six months to two years.

3. Determination of sentence: The Defendant, who was sentenced to imprisonment with prison labor for a special injury on December 2, 2016, was released on May 21, 2018 and was released on September 22, 2018 and committed the instant crime of the same kind without being among persons during the period of repeated crime, even though the remaining term of imprisonment has expired on September 22, 2018.

Considering the method of crime, the nature of crime is very poor.

For the recovery of damage, the victim did not reach an agreement with the victim.

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