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(영문) 대구지방법원 2017.06.22 2017고단2120

특수폭행

Text

A defendant shall be punished by imprisonment for not less than eight 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

피고인은 2017. 4. 16. 08:00 경 대구 북구 태평로 161 대구역 인근에서 피해자 B(62 세) 와 술을 마시다 다투자 화가 나 대구 중구 C에 있는 D 식당 앞에서 피해자를 다시 만나기로 하고 피고인의 집에서 부엌칼( 총 길이 31cm , 날 길이 19cm ) 을 가지고 나와 같은 날 14:20 경 대구 중구 C에서 피해자를 만 나 피해 자로부터 또 다시 욕설을 듣게 되자 격분하여 위 칼로 피해자의 배 부위를 찌를 듯이 겨누고 위 칼을 쥔 손으로 피해자의 얼굴 부위를 수 회 때리고 칼등으로 피해자의 이마 부위를 수 회 때렸다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the criminal kitchen photographs and the written report (No. 7 and No. 8 of the evidence list);

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommended punishment] No person who does not have the basic area (from June to October 1) (the person subject to special sentencing) (the period from June to October 1) (the period of sentence) (the period of sentence) (the period of sentence shall be determined), taking into account the following circumstances, such as the age, sex, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., and the sentence specified in the records of this case shall be determined as ordered.

Unfavorable circumstances: The defendant's behavior that threatens the victim by using a knife is very dangerous.

The defendant has been punished several times for violence-related crimes, and he was unable to receive a letter from the victim.

The extent of damage suffered by the victim is not severe.

The last criminal records of the defendant are past ten years.

The defendant shows a attitude that the defendant repents his mistake.