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(영문) 대구지방법원 2016.09.01 2016고단2630

특수폭행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 12, 2016, the Defendant suffered special injury: (a) around 01:29, on the ground that the victim E (the age of 21) in the main point of “D” located in Jung-gu Daegu-gu, Daegu-gu, caused a dispute with the victim to smoke himself/herself; (b) the victim's face was fluored once by drinking; (c) the victim's face was fluoring the disease on the table; and (d) the head of the relevant main point, which is a dangerous object, threatened the victim with the string; and (e) the Defendant continued to restrain the Defendant, by taking the above shocker's disease against the employees of the said main point, brought the victim with his/her head about dangerous goods on the table; and (e) 1) the victim's injury to the victim, such as his/her handful; and (e) 1) the victim's injury to the victim's chest for one-day treatment.

2. The Defendant, at the time and place specified in Paragraph 1, told the victim F (24 years of age) of the above E to restrain himself and report to the police, he saw that the victim F (24 years of age), who was on the table table, was committing assaulting the victim’s chest by breaking the beer and beer with the shoulder, which is a dangerous object, and threatening the victim as being with the shoulderer, and assaulting the victim’s chest at one time by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Results of analysis ofCCTV image data;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 258-2 (1), Articles 257 (1) and 261 and 260 (1) of the Criminal Act concerning facts constituting an offense, the relevant provision of the Criminal Act, the choice of punishment, and Articles 258-2 (1), 257 (1) of the Criminal Act (the occupation of assault to carry dangerous articles, and the choice

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the suspended sentence - Unfavorable circumstances: The defendant in this case is dangerous on the ground that the victim E is