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(영문) 의정부지방법원 2018.11.28 2018고단1836
특수폭행
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year.

However, as to Defendant B, this shall not apply.

Reasons

(b) the application;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; the choice of imprisonment;

B. Defendant B: Articles 261 and 260(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; the choice of imprisonment

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of an order to attend a lecture: Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court]

1. Special assault against Defendant A: The mitigation area (i.e., mitigation: Non-reduction of punishment; and (ii) mitigation area (i.e., the same repeated crime of the same kind; and (iii) special assault against Defendant A: From April to January 2) mitigated area (i.e., non-reduction of punishment; (iv) mitigated area; (iv) mitigated area (i.e., non-reduction of punishment; (iv) mitigated area; (v) mitigated; and (v) special assault against Defendant A; and (v) the sentencing criteria of the Supreme Court are modified in February to February 15, 2018; and (v) new sentencing criteria are applied to cases prosecuted after prosecution after August 15, 2018;

* The range of sentence according to the standards for handling multiple crimes: Imprisonment with prison labor for up to one year and nine months;

2. The mitigation area of Defendant B’s violent crime group (a repeated and special assault) (a punishment is not available, two months to one year and two months) (a decision of sentence) [a decision of sentence] Defendant A has been punished for multiple violent crimes, and Defendant A has been repeatedly committed each of the crimes of this case during the repeated crime period for the same kind of crime, and there is a high possibility of criticism.

In light of the type and degree of force used by the defendant, the quality of the crime is not good.

In particular, the victim B seems to have a big head.

Nevertheless, as the defendant denies his criminal act, it seems that he did not repent his wrong.

It is necessary to punish the defendant strictly.

However, it shall be considered in favor of the victims who have not been punished for the defendant.

Defendant

B also has been punished several times for violent crimes.

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