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(영문) 대전지방법원 2016.07.13 2015고단3601 (1)
특수폭행등
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 4, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at Daejeon District Court on July 4, 2012 and completed the execution of the sentence on March 2, 2013.

1. 피고인은 2015. 9. 4. 02:10 경 대전 중구 C에 있는 D 앞에서, 술에 취하여 아무런 이유 없이, 포장마차에서 떡볶이를 먹고 있는 피해자 E( 여, 44세 )에게 다가가 욕설을 하며 위험한 물건인 칼( 칼날 길이 9cm) 을 오른손에 들고 왼손으로 피해자의 머리채를 잡아 당겨 폭행하였다.

2. The Defendant, at the above time and place, was the victim F ( South, 39 years old) of this Defendant’s knife knife, placed the knife on the victim’s right side and put the victim’s knife on the knife’s knife for treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Each police statement made to E, F, and G;

1. Seizure records;

1. Photographs;

1. Previous convictions in the judgment: Inquiry about criminal history and personal confinement status (a defense counsel asserts that the upper part of the victim F is extremely minor and only a special assault crime is established, not a special bodily injury, but a special assault crime. However, it is reasonable to view the F's upper part of the F's knife as being in excess of ordinary daily life, and that the above argument is not accepted. The circumstances of the above knife are minor are to be considered in sentencing). The above argument is not accepted

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act (a point of special assault and choice of imprisonment), Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental and physical drugs;

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. The reason for sentencing of Article 48(1)1 of the Confiscation Criminal Code is that this case contains violence against citizens who had a knife while under the influence of alcohol and do not have a knife without any reason.

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