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(영문) 부산지방법원 동부지원 2020.07.22 2020고단457
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 27, 2019, at around 20:40, the Defendant was in dispute with the Defendant’s body and was in dispute with the Defendant’s conduct within the main point of “C” located in the Busan metropolitan area B.

The Defendant, on the ground that the victim D (ma, 30 years of age) who performed alcohol in the table, expressed a desire to commit the Defendant’s act, committed a fluoral disease, which is a dangerous object, and that the table blobs threatened the victim’s head as if the table blobs blopped the victim’s head, and assaulted the victim’s head at one time by drinking the victim’s head, who was missing from his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each written statement of E and D preparation;

1. Application of the CCTV video CD-related Acts and subordinate statutes in the Cju store;

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 of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area of the recommendation [the scope of the recommended area and the scope of the recommendation], the basic area of which there is no repeated crime, special assault (special assaulter] (the scope of the recommendation area and the recommendation), and April through October.

3. Determination of sentence: The sentence shall be determined as ordered in consideration of all the circumstances that form the conditions for sentencing specified in the instant case, such as imprisonment for eight months, suspension of execution for two years, and the age, character and conduct of the accused, motives, means and results of the commission of the crime, and the circumstances after the crime:

D. Unfavorable circumstances: The fact that the method of committing the crime is very dangerous, the nature of the crime is poor, and the circumstances favorable to the fact that the victim was not able to take advantage of it, such as assaulting the victim's head with his/her head by a small-scale soldier, despite his/her detention around him/her: The fact that only one fine has been imposed.

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