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(영문) 울산지방법원 2019.07.11 2019고단515

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

피고인은 2018. 8. 20. 20:08경 양산시 B아파트 C동 인근 주차장에서, 위험한 물건인 식칼(전체길이 29cm, 칼날길이 16cm)을 손에 쥔 상태로 피해자 D(남, 51세)에게 다가가, 특별한 이유 없이 알 수 없는 말을 횡설수설하면서 위 식칼을 피해자의 얼굴 가까이 들이대고 약 10분간 휘둘렀다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act is that the defendant committed a dangerous act against an unspecified neighbor for the reason of sentencing is disadvantageous to the defendant.

On the other hand, the fact that the defendant was suffering from ordinary early illness after the crime of this case, that the defendant was faithfully receiving medical treatment for early illness after the crime of this case, and that there was no criminal record exceeding the fine is favorable to the defendant.

In addition, by comprehensively taking into account various factors of sentencing, including the Defendant’s age, character and conduct, environment, and motive for committing the crime, the sentence is determined as per the order, and the special compliance with probation is imposed “to timely use of the medicines prescribed by the doctor in charge of regular mental and medical treatment.”