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(영문) 대구지방법원 서부지원 2019.01.16 2017고단2474

특수폭행등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 23, 2016, the Defendant was sentenced to one year and two months of imprisonment with prison labor for a crime of intrusion upon residence at the Daegu District Court on May 11, 2017, and completed the enforcement of the sentence at the port prison.

【Criminal Facts】

『2017고단2474』 피고인은 2017. 9. 3. 10:45경 대구 서구 AV에 있는 AW 산부인과 앞길에 있던 벤치에서 피해자 AX(46세)와 대화를 하던 중, 피해자가 욕설을 한다는 이유로 그곳 주변에 있던 위험한 물건인 벽돌(가로 15cm, 세로 10cm)을 들고 피해자의 머리 부위를 1회 가격하고, 이에 넘어진 피해자의 목 부위를 발로 1회 찼다.

Accordingly, the defendant assaulted the victim while carrying a slick, which is a dangerous object.

At around 00:50 on July 2, 2017, the Defendant: (a) received medical treatment from AZ Hospital located in Daegu-gu AY on the ground that the Plaintiff moved to the hospital and refused to take injection in accordance with the medical prescription; (b) the nurse of the said hospital forced him/her to take injection in accordance with the medical prescription; (c) sound called “I am to the hospital. I am to am to the hospital,” and (d) am to “I am to the hospital. I am to am to am to the hospital,” with the aim of leaving the hospital outside of the hospital and leaving the scam in order to store the oil, and then sold the oil at the BB oil station located in the same Gu BA.

Accordingly, the defendant tried to extinguish the structure of the AZ hospital in which the employees of the hospital, such as BC, exist.

Summary of Evidence

"2017 Highest 2474"

1. Defendant's legal statement;

1. The protocol of statement by the police of AX 2017 Highest 3009;

1. Defendant's legal statement;

1. A written statement of BC;

1. The police seizure record and the list of seizure;

1. Crimes tools photographs "before the Korean Film Council";

1. Application of criminal records, etc., investigation reports (the confirmation of crimes during the period of repeated crime of a suspect) (Evidence Records 2017 high-ranking2474)-related Acts and subordinate statutes;

1. Relevant Articles 261, 260(1) (the occupation of special violence or the choice of imprisonment), 175, and 164(1) (the occupation of the present main building and the reserve for fire prevention) of the Criminal Act concerning criminal facts;