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(영문) 수원지방법원 성남지원 2019.09.26 2019고단1792
폭행등
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

On July 27, 2019, the Defendant: (a) around 19:00 on the street in Seongbuk-gu A, Sungnam-si, Around July 27, 2019, while working with the victim C (19 years of age) who operated Ortoba, the Defendant saw the victim’s face one time with the hand floor, and caused a screen of the part on the right-hand side of the driver’s seat, which is used as the floor, to be drinking by the victim who was stopped there.

Accordingly, the defendant assaulted the victim and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of destroying and damaging property and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations and recommendations for the crime of assault] shall be [the scope of recommendations and recommendations] and the basic area of the crime of assault [the category 1], the basic area of the crime of ordinary assault, February through October [the scope of recommendations and recommendations for the crime of damaging property] according to the general guidelines [the scope of recommendations according to the guidelines for the management of multiple crimes], the area of mitigation, such as damage of property], the area of imprisonment for one to six months [the scope of recommendations according to the guidelines for the management of multiple crimes], and two to one year (the maximum of crimes 1/2 of the maximum of crimes 1).

2. The punishment of a crime is not absolute, in light of the details of the crime determined to be sentenced, the same kind of power, etc.

However, it shall be considered in favor of the defendant, such as the fact that the defendant's mistake is recognized, the damage to property is insignificant, and there is no penalty power exceeding the fine.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.

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