(영문) 대구지방법원 2018.09.07 2018고합331



A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On June 22, 2018, at the defendant's house located in 03:30 on 03:30, the defendant knew that the victim E (E and 45 years of age) divided the stories through the victim E-(E and mobile phone-based fluoring fluoring, and then is entering the F into the place to spread the F, while waiting for the victim in the front corridor of the D9 story. The defendant threatened the victim with the above food knife that the victim would get out of the elevator, and the victim could get out of the elevator by hand and knife with the above knife knife knife.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as a closed pelle, in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each internal report (to attachCCTV images and to attach photographs);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Six to five years from the date of imprisonment with prison labor for a range of punishment imposed by law;

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. Determination of sentence: Imprisonment with prison labor for 10 months, suspended sentence for 2 years, and community service order for 80 hours and the defendant's use of a knife, which is a dangerous object, as a tool for committing a crime, there is no possibility of criticism.

However, in consideration of the motive for the crime, the same type of punishment as the order shall be determined in consideration of the fact that all the confessions of the crime and reflects while making a confession with the victim, that the damaged person does not want the punishment of the defendant, and that there is no criminal conviction exceeding the fine against the defendant.