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(영문) 부산지방법원 2016.08.11 2016고단2311

특수폭행등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 1, 2016, at around 20:40, the Defendant entered the State in the “E cafeteria” operated by the victim D (n, 50 years of age) located in Seo-gu, Busan, and entered the State, and “Woo-gu, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, Madern, and Madern, Madern, Madern.

The Defendant continued to get off the floor by 2 empty bottles in front of the restaurant, broken off the two strings of the shouldered softens, and string the knife, which is a dangerous object, into the above restaurant, and made the horses such as flicker, etc., thereby threatening the above victim, by hand, throw the racker in the above restaurant, throw the knife, walking the racker, and booming the racker, etc.

Accordingly, the defendant, carrying a dangerous object, assaults the victim, threatened the victim by carrying a shoulderer's disease, carrying a dangerous object, threatened the victim, and interfered with the operation of the cafeteria by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 284, 283(1) (a) (a point of special intimidation) of the Criminal Act, Article 314(1) (a)) of the Criminal Act, the choice of imprisonment with prison labor, each of the options;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommended punishment] of the first sentence of Article 37, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (Assault) [the scope of recommended punishment] of the mitigation area (from April to January 1), where the mitigation area (including efforts to recover damage) of the mitigation area (including special mitigation), or damage from considerable part (including serious efforts to recover damage), the second crime (crime) [the scope of recommended punishment] of the mitigation area (from April to one year) [including efforts to relieve damage] of the mitigation area (including special mitigation), or of the mitigation area (including serious efforts to recover damage) of the mitigation area.