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(영문) 서울남부지방법원 2016.06.17 2016고단1354
특수폭행
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2016, at around 18:40 on March 23, 2016, the Defendant performed drinking together with Company B’s company fees. On the ground that the victim D (57) who is a company partner, did not take part in this part, the Defendant was at once the head of the victim’s disease, who is a dangerous object on the table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 261 and 260 of the Criminal Act concerning the selection of criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the range of the recommended punishment [the scope of the recommended punishment] [the scope of the recommended punishment], the area of mitigation of the punishment [the area of recommendation and the scope of the recommended punishment], April to February.

3. Reasons for the suspension of execution [major reasons for the suspension of execution] where a person commits a crime by force of an organization or a large number of people, or commits a crime by carrying a deadly weapon or other dangerous articles, positive: A negative reason for the suspension of execution (general circumstances): A person who has been sentenced to suspended execution at least twice, a special reason for general circumstances: A clear social relationship, a contingent crime, and a serious reflect

4. It is more so in light of the fact that the act of unloading the head of a victim by beer disease, which is a dangerous object to be sentenced to punishment, is a very dangerous act, and that the beer disease at the time of committing the crime seems to be broken.

In addition, the defendant has been punished several times for violent crimes and has been sentenced three times or more for suspended execution.

However, the fact that the defendant makes a confession of mistake and reflects, that the victim has reached an agreement with the victim at the investigation stage, that after being sentenced to a fine for violent crime on September 2004, the fact that the defendant was punished only for other kinds of crimes, and that records and records are recorded.

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