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(영문) 대구지방법원 2016.09.22 2016고단3111
특수폭행등
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 02:55 on April 3, 2016, was under the influence of alcohol to the victim D (S) who was a water entering a studio in the “C” room located in North-gu, Northern-si, B, and was under the influence of alcohol, and was under the influence of alcohol to the victim D (S) who was an object dangerous to the victim’s head without any justifiable reason.

2. Under the influence of alcohol at the above date, time, and place, the Defendant destroyed and damaged TV monitors in a size equivalent to 300,000 won at the victim E’s market price by gathering ice ice ice ice ice ice ice on the table without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Repair cost receipt;

1. Application of statutes on site photographs;

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The sentencing guidelines set forth in Category 1 Crimes (Assaults) [Scope of Recommendation] and the scope of the final sentence due to the aggravation of multiple crimes in cases where the area of mitigation (one month to six months), the basic area (six months to one year and ten months) of Class 6 (Habitual Offense, Habitual Offense, Special Assaults) [the scope of the recommended punishment] of the area of mitigation (one month to six months), the area of mitigation (including one advanced effort to recover damage), or significant damage) of the area of mitigation (one month to six months), or the area of mitigation (including a person of special mitigation), the area of punishment not (including a serious effort to recover damage), or the area of final sentence due to the aggravation of multiple crimes: Six months to two months:

2. Circumstances unfavorable to the ruling of sentence: The Defendant used violence without any justifiable reason.

Defendant has the same criminal records.

Damage of the victim D was not recovered.

The defendant is against the principle of good faith.

The monitoring repair cost was paid to victims E.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime are revealed in the trial process of this case.

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