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(영문) 대구지방법원 2016.02.18 2015고단5770
특수폭행
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

On November 2, 2015, the Defendant: (a) at the F Ka Center parking lot operated by the Victim E (42 tax) located in Daegu Suwon-gu, Daegu-gu, 2015, on the ground that the damaged party requested the repair of the vehicle brought late the key of the vehicle to the victim; and (b) the Defendant changed the governance governance of the instant vehicle.

It is called ‘bridge', and assaulted by a wooden net (82 mm in length) that is a dangerous object on the troke of a vehicle, which is a dangerous object on the troke of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. A photograph of a wooden net (the defense counsel shall not be a dangerous object with the wooden net indicated in his/her ruling;

However, considering the length of the above wooden net (82 cm), materials (one single tree material), price side, etc., the wooden net in its holding shall be deemed dangerous goods under Article 261 of the Criminal Act.

Application of Statutes

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommendations] The mitigated area (4 to 1.2 months), the mitigated area (including special mitigated persons), the punishment of non-wons (including efforts to recover damage), or where considerable damage has been restored to a part [the sentence] the defendant made a attack against the victim with a wooden net of 82 cm in length. The defendant has a history of past 10 years or more, but the defendant has been punished twice in the same kind of power; the defendant has agreed with the victim; the defendant's mistake has been divided into the victim; the motive, process and method of the crime in this case; the circumstances before and after the crime in this case; and other circumstances such as the defendant's age, behavior, experience, etc.

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