(영문) 울산지방법원 2020.05.14 2020고단116

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(영문) 울산지방법원 2020.05.14 2020고단116

특수폭행

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is the borrower of Bsch Rexton car, and the victim C (ma, 44 years old) is the driver acting on behalf of the defendant.

Around 02:35 on December 14, 2019, the Defendant: (a) stated that, on the ground that the victim, who had driven the said vehicle on behalf of the Defendant, was asked to park anywhere the said vehicle in front of the D Apartment Complex E-dong in Gyeyang-si, the Defendant: (b) stated, “this e-mail kack kack”; (c) took the back part of the victim’s head on one occasion with the hand floor; and (d) using a golf bond (a dangerous object in the string of the vehicle) with the victim’s head on one occasion; (b) assaults the victim’s right hand on one occasion with the body of the victim; and (c) took the victim’s right hand on one occasion by cutting the golf debt from the victim; and (d) took the victim’s mouth by assaulting the victim on the part of the vehicle in front of the troke, and then called “the victim” to write off the head of another golf (rab) in the troke.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in writing C;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: Violence crimes [Type 6] and no repeated crime or special assault (special assaulter] (the scope of recommendation field and recommendation range]; the basic area of recommendation and recommendation; four months to one hundred months;

2. Circumstances unfavorable to the decision of sentence: The fact that one's mistake is admitted, that two million won is deposited for the victim, and that damage in itself is not so significant; and

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