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(영문) 창원지방법원 진주지원 2019.07.10 2019고단444
특수폭행
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. On March 10, 2019, around 17:50 on March 17, 2019, Defendant A collected an empty baby, which is a dangerous object on the table of the above restaurant, from the victim B (the victim B (the 45-year old) who is a middle school ship operator, on the ground that the victim resisted against the victim by stating that “I have come to know whether I have come to her, you have come to her, and there is no person who has come to her in her house,” and that the victim resisted against him.

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

2. Defendant B, at the date and time of Paragraph 1, and at the above place, the victim A (the age of 42) was suffering from a fluoral disease in which the victim A (the age of 42) had a fluoral disease towards himself, and the fluoral disease, which is a dangerous object on the restaurant table, was collected, was faced with the victim's fluoral disease.

Accordingly, the defendant carried dangerous objects and carried them to the victim's self-defluence (3.5 cm in length) in the end of the treatment days.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on medical records to photographs, 119 emergency medical services areas, and A;

1. Article 261 of the Criminal Act; Articles 261 and 260 (1) of the Criminal Act; Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Defendant B subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: Grounds for sentencing under Article 62 (1) of the Criminal Act

1. Defendant A

(a) Scope of assault crimes according to the sentencing guidelines [Type 6], the area where repeated crimes and special assault are mitigated, and February through February of imprisonment;

(b) The risk of committing a crime by deceiving a person subject to a judgment of conviction as the victim;

(c) A person has been sentenced to several punishments for violent crimes, such as punishment: Provided, That he/she is recognized as a crime, and is not subject to punishment under

2. Defendant B

(a) The scope of the recommended punishment according to the sentencing guidelines (revision according to the applicable sentencing guidelines), the special injury, or the injury by repeated crime (type 1) shall be subject to special mitigation (unlimited to punishment, victims of liability), and six months through one year;

(b)decision of sentence;

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