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(영문) 대구지방법원 2020.10.28 2020고단4745

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

The defendant is a victim B (n, 47 years of age) and a person in a de facto marital relationship.

피고인은 2020. 7. 1. 05:30경 대구 남구 C에 있는 피해자의 주거지에서, 피고인이 피해자에게 전화를 걸었으나 피해자가 받지 않았다는 이유로 피해자에게 ‘씨발년아. 개년아. 뭔 년아. 칼로 찔러 죽인다.’라고 말하면서 발로 피해자의 종아리와 허벅지를 각 1회 걷어찼다.

Accordingly, the defendant threatened the victim and assaulted him.

Summary of Evidence

1. Defendant's legal statement;

1.B List of Reporting Cases 112 Report Statement No. 112

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Relevant Article 260(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (determination of types) and violent crime [Type 1] and no general intimidation (specific person) (referring to the scope of recommendation and recommendation] (referring to the scope of recommendation field and recommendation), the basic area of crime (determination of types) and two months to one year;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

shall be free from the victim.