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(영문) 대구지방법원 2019.01.31 2018고단5078

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

Reasons

Punishment of the crime

On August 9, 2018, the Defendant: (a) while operating a B low-speed car on the front of the entrance of the dong-gu, Daegu-gu, Daegu-gu, 550 at the 2nd entrance of the dong-gu, Daegu-gu, 550, the Defendant: (b) reported the victim C (39 years of age) who was parked in the Dong-gu, and demanded that the victim “to move the vehicle so that the vehicle can pass by the vehicle,” but the victim rejected the request; (c) but (d) made the victim’s rejection, as he sawd the improvement, which is a dangerous object in the between the Defendant and the car troke; (d) placed the victim on his hand while placing it on the part of the victim; and (e) putting the victim on the left shoulder, the clothes, and the breast part of the troke.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include assaulting the victim, which is a dangerous object, and the act is very dangerous in terms of the nature of the crime.

However, the fact that the defendant recognizes the crime of this case and reflects the depth of the defendant, and that it has no record of punishment so far, etc. The defendant's age, character and behavior, environment, conditions before and after the crime of this case shall be determined as the same as the order.