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(영문) 대전지방법원 천안지원 2017.10.19 2017고단1774

특수폭행

Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

On July 26, 2017, around 19:02, the Defendant: (a) was under the influence of alcohol in front of “C” located in Nam-gu, Southern-gu, Namdong-gu, Namdong-gu; (b) was dispatched by the police to customers, including the victim D ( South, 58 years old) who was under the influence of alcohol and was under the influence of alcohol; and (c) did not raise any objection against it.

At around 19:35 on the same day, the Defendant took the excessive knife (12cm in knife length), which is an object dangerous at the above place, and showed the attitude of finding the above victim as knifeing the victim, and knife the knife at one time, and knife the knife part of the victim's head with his left hand.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. Photographs;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Although the nature of the crime is inferior by carrying a knife, which is an object dangerous to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act and assaulting the victim, there is no record of criminal punishment heavier than the fine, the defendant's age, sexual behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc. shall be determined as ordered by taking full account of the following factors: