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(영문) 대구지방법원 2018.08.21 2018고단1425

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Criminal history of the defendant was sentenced to two years of probation for the crime of bodily injury by the Daegu District Court on July 21, 2016, and the judgment became final and conclusive on July 6, 2017, and is currently under probation.

Criminal facts

On March 17, 2018, the Defendant: (a) discovered that the victim was doing dry field from the dry field of the victim D (60 cm) located in the Gyeongbuk-gun, Gyeongbuk-do around 18:20 on March 17, 2018; (b) discovered that there was a dangerous thing that the victim was doing dry field due to the boundary of ordinary land boundary; and (c) displayed the victim several times to the victim; and (d) caused the victim’s head and loss by taking the flus of trees located in the dry field in which the victim deducteds the above insertion.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Previous offense record: A written reply to inquiry, such as criminal history, investigation report (a confirmation during the period of the suspension of the execution of a suspect) (a statement made by the defendant that there is no time but to mention the victim, but the statement made by the victim and the control police officer has been made specific and consistent;

In light of the fact that there is statement and the explanation of the situation at the time coincide, it can be recognized that the defendant has abusedd the victim).

1. Relevant Articles 261 and 260(1) of the Criminal Act regarding criminal facts, reasons for sentencing of sentence of imprisonment [the scope of recommending punishment] No person who has no person [the person who is subject to special sentencing] in the basic area (six months to one year), (six months to ten months) (the decision of sentencing] [the decision of sentence] unfavorable to six months: A crime under the same suspended sentence period.

The agreement has not been reached even though it did not reflect.

The favorable circumstances: The result of the injury was not reached.