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(영문) 부산지방법원 2021.03.24 2020고단5178
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 4, 2020, the Defendant assaulted the victim at 2-3 times from 3 to 4 times due to the victim's head and sex part of the victim who was under drinking together with the victim Y in the city of Busan on September 4, 2020, on the ground that he did not grant tobacco to the victim while drinking alcohol on the road, and after he cut out the victim out of the above restaurant, he brought the victim's head and sex part of the victim's head and sex part to 3 to 4 times due to the dangerous things on the table, which are dangerous things on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Y’s statement, field photographs, and the statutes governing the treatment of reported cases;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense, the reasons for sentencing chosen to be sentenced to imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines [type 6] violent crimes [type 6] There is no repeated crime or special assault (special person in sentencing] (the territory of recommendation and the scope of the recommended punishment], the basic area of the recommendation, April of imprisonment through October of the year;

2. Determination of sentence: Although the defendant is seriously against the defendant, the crime of this case is not good in light of the motive, circumstance, method, degree of damage, etc. of the crime of this case, and it is inevitable to punish him/her as having high possibility of repeating the same crime.

Therefore, in consideration of the age, sex, environment, and circumstances after the crime of the defendant, the punishment is determined as per the order.

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