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(영문) 대구지방법원 포항지원 2021.03.03 2020고단1599

특수폭행등

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

At around 01:50 on May 31, 2020, the Defendant took the attitude that the Defendant would inflict any harm on the life and body of the victim E (the 39 years old) who was asked by the victim D (the 55 years old), who was an employee, of “C” clubs located in North-gu, North-gu, North-si, North-si, and the victim D (the 55 years old) to find facts with other customers. The Defendant took the attitude that the Defendant would inflict any harm on the life and body of the victim, such as spawning the two main soldiers, which are dangerous goods in the table, and spawn the victim E (the 39 years old and South) who was an employee, caused the victim E to be sealed with a wall.

Therefore, as the defendant again gets off the victim D from the victim D, knife the victim D's hand with knife, knife the victim D's knife and knife the victim's knife, and knife the very dangerous object, knife the victim D, and knife the floor towards the victim's life and body.

As a result, the Defendant inflicted an injury on the victim D such as salt, tension, etc. in a shoulder that requires treatment for about 13 days, carried a dangerous object, threatened the victim D with a dangerous object, and assaulted the victim E by carrying a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer with respect to E and D (victim) F;

1. A screen for each internal investigation report, four on-site photographs, No. 112 report processing table (no. .G), each investigation report, closure of the report processing case, ten Chapters 10, 2 of the report processing case, and 2 of the CCTV images to be cut;

1. One medical certificate of injury;

1. (A), reporting the results of confirmation of a previous conviction of the disposition, such as a criminal history, (A), and the application of a summary order statute;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284, 283(1) (the point of special intimidation) of the Criminal Act, Articles 261 and 260(1) (the point of special assault) of the Criminal Act, the choice of imprisonment for each of the following reasons:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act