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(영문) 광주지방법원 목포지원 2020.01.31 2019고단683
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

At around 04:40 on June 11, 2019, the Defendant: (a) committed assault against the victim at C main points in Mapo-si B, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (25 years of age).

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on shooting photographs of sites and damaged parts, investigation reports ( telephone conversations E, telephone conversations and change of the name of crime), and investigation reports on violence;

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 punishment by law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of violent crimes [type 6] the repeated crime, special assault (special assaulted person] mitigated elements: Where the degree of assault is insignificant (type 1, 6, and 7): In cases where the degree of assault is minor (including efforts taken to recover damage), a non-exclusive penalty (including efforts taken to recover damage), or a considerable partial damage has been restored (the area of recommendation and the scope of recommendation]; the area of special mitigation; January through December 12;

3. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence (the full agreement with the victim, the fact that there is no record of the crime exceeding the fine, as well as the age, character and conduct of the accused, family relationship, etc. and all the conditions of sentencing shown in pleadings);

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