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(영문) 대구지방법원 2019.04.26 2019고단237
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

The defendant and the victim B (the age of 52) are internal relations.

On December 19, 2018, the Defendant: (a) within the passenger car of the victim parked in the Geum River basin of the Daegu Northern-gu C, Daegu Northern-gu, Seoul, on December 22 and 40, 2018, the victim was found in the Defendant’s company and the victim was found to have avoided the disturbance, and (b) the mobile phone charging cable (breadth: 150cm) in double hand, which is a dangerous article located in the said vehicle, and (c) the victim was dead due to the reduction in the part of the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (with respect to photographs of damage and photographs of criminal tools);

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 reason for sentencing the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of violent crimes [type 6] the repeated crime and special assault [the scope of recommendations and recommendations] (the area of recommendations and recommendations] fundamental area, the scope of imprisonment with prison labor for up to 4 months and up to 110 months [the grounds for suspension of execution] [the grounds for suspension of execution] - The grounds for general pride: There are no contingent crimes or criminal records of a stay of execution or more.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: The method of crime is dangerous and the quality of crime is poor as the victim's timber in a relationship with the cell phone charging cable.

There are criminal records of fines in the same kind.

There was no agreement with the victim.

The favorable circumstances: A confession and reflects crimes.

There is no previous offense exceeding a fine.

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