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(영문) 대구지방법원 2016.11.04 2016고단4016
특수폭행
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for ten months.

, however, for one year from the date this judgment has become final.

Reasons

Punishment of the crime

1. At around 10:15 on July 27, 2016, Defendant A’s special assault Defendant assaulted the victim B (the 40-year-old) who works at the main store as an employee and the victim B (the 40-year-old-gu) who was in telephone call due to the lack of mind with each other. Defendant A assaulted the victim who was in a bend and a bend, which is a dangerous thing in the victim’s restaurant.

2. Defendant B’s special injury: (a) at the time, at the time, and at the place specified in paragraph (1), the victim A(43 years old); (b) the victim’s head part was flicked once; and (c) the victim’s left part was flicker’s knicker’s knife on the part of the victim’s left part due to a flicker’s knife and flicker’s knife on the left part of the treatment days; and (d) the victim sustained the victim’s knife on the left part of the treatment days.

Summary of Evidence

1. Each legal statement made by the Defendants on the second trial date

1. Statement of each police suspect interrogation protocol against the Defendants

1. Application of each of the recorded or visual statutes to field photographs, internal investigation reports, investigation reports, internal investigation reports, diagnosis reports, and video recorded in the video CDs;

1. Relevant Articles 261 and 260(1) (Selection of Imprisonment) of the Criminal Act; Articles 258-2(1) and 257(1) of the Criminal Act;

1. Discretionary mitigation of Defendant B: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., conditions of favorable sentencing among the reasons for sentencing in the following year);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. Defendant A [the scope of applicable sentences under law] 1 to 5 years of imprisonment (the determination of types of violence) is a crime of assault (a person who habitually commits a repeated crime or special assault) (including a person who has been specially punished) - a person who has not been punished for mitigation (including a person who has committed serious effort to recover damage) or a person whose considerable damage has been recovered.

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