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(영문) 부산지방법원 2019.01.09 2018고단2678
특수폭행
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal Justice] On April 19, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for special intimidation at the Changwon District Court and two years of suspension of execution on April 19, 2017, and the judgment became final and conclusive on April 19, 2017. On June 22, 2017, the same court was sentenced to two years of suspension of execution on June 30, 2017, and the judgment became final and conclusive on June 30, 2017. On November 28, 2017, the Defendant is a person who was sentenced to six months of imprisonment with prison labor at the Changwon District Court for special intimidation and became final and conclusive on October 5, 2018.

【Criminal Facts】

At around 12:20 on May 29, 2018, the Defendant, at the convenience store located in the Busan East-gu, Busan, the Defendant, under the influence of alcohol, had a steel shed ( approximately 50cm in length, approximately 3mm in thickness), which is a dangerous object, and had a brupted with the victim D (the victim 31 years old), who is an employee of the above convenience store, called "the value of tax base of tax base of tax base of the C.S., C., the Defendant: (a) stated that he was "the value of tax base of tax base of the C.S., 31 years old;" and (b)

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, previous rulings and results of confirmation, and investigation reports (Evidence List No. 8);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Circumstances unfavorable to the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes: The defendant committed another crime under the influence of alcohol or again during the period of suspension of execution due to a crime similar to the instant crime; the defendant repeats the crime intensively since 2016 and has a risk of causing severe consequences by using implements; it is difficult to view that the defendant has no criminal record of violent crimes until 2016, and the victim has a habit of violent violence.

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