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(영문) 대구지방법원 포항지원 2017.05.18 2017고단57
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. A special assault Defendant: (a) around 01:40 on November 10, 2016, at the main point of “D” located in Nam-gu, Nam-gu, Seoul, for the reason that: (b) while drinking alcohol together with the victim E (43 cms); (c) calculated the drinking value from the damaged person out of the business establishment without calculating the drinking value; and (d) heard the victim’s speech, the Defendant took a bath to the victim “welve, swelve”; (b) 1 knife, a dangerous object at the victim’s seat; and (c) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

2. The Defendant, while committing the same crime at the same time, at the same time and place as described in paragraph 1, expressed the victim’s desire to “I sing, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am the victim’s breath on the floor.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (a point of special assault, choice of imprisonment), and 260 (a point of assault and choice of punishment) of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The first crime for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of the last sentence due to the aggravation of crimes (the scope of recommendations / [the scope of punishment / [the person who has been habitually mitigated, repeated crimes, special assault) committed in the mitigated area ( April 1 to February) / [the person who has been specially mitigated] in the mitigated area (including efforts to recover damage), or in the event that considerable damage has been restored to the damaged area, the second crime [the scope of recommended punishment] in the basic area (2 months to October) of the first crime (the person who has been specially punished) in the basic area (2 months to 10 months): April 1 and July / [the decision of sentence] in each of the instant crimes.

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