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(영문) 창원지방법원 마산지원 2017.05.10 2017고단150

특수폭행

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:30 on December 1, 2016, the Defendant, at the “E” shop of the victim D (51 cm) in Changwon-si, Changwon-si, the Defendant, after drinking alcohol, requested the victim to provide an additional alcoholic beverage free of charge after drinking it, he was refused. The Defendant saw the knife knife knife ( approximately 24 cm in total length, approximately 11 cm in length) which is a dangerous object in possession of the flife flife flife flife flife flife flife flife flife flife flife fl

The term "the victim is ", as the victim is with a brut, and the victim's head was knicked by hand, and the victim's head was knicked by hand, and the victim's head was knicked by hand.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. The Defendant asserts to the effect that he had a mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

According to the records, although the defendant can be acknowledged that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime of this case, and the defendant's speech and behavior before and after the crime of this case, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

Since the above assertion cannot be accepted, it shall not be accepted.

Application of Statutes

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 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] Class 6 (Habitual, Cumulative, Cumulative Offense, Special Violence) and the mitigation area (4 months to 1 year and 2 months) [Special Sentencing Persons] Punishment Non-existence of Punishment (Agreement with Victims);

2. The defendant's act of sentencing shall be criticized as being dangerous; and

However, the defendant.