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(영문) 대구지방법원 영덕지원 2020.02.05 2019고단246
특수폭행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(n, 46 years old) are related to the private relationship.

On August 9, 2019, at around 13:20 on August 13:20, the Defendant: (a) committed assault against the victim on the part of the victim, who was in the border nutrition group C, on the ground that the victim was able to drive away and rash the third village D in the above residence; and (b) carried the net 41cm, which is a dangerous object, into the room of the above residence; and (c) carried the victim into the room of the above residence; and (d) assaulted the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Police seizure records;

1. Each report on investigation;

1. 112 reported case handling table;

1. Application of each photograph, video CD-related statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, a punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and all of the sentencing factors as shown in the pleadings of the instant case, including the circumstances after the crime, and the execution of the sentence shall be suspended on condition that probation and community service order shall be faithfully observed.

Considering the fact that the crime of this case was committed in favor of the defendant, such as the crime of this case was committed against the victim, which is dangerous to the defendant, and the nature of the crime was serious, that there was a record of punishment several times due to the crime of violence, that the victim wants to punish the defendant: Considering the fact that the defendant recognized all the crime of this case, the defendant was divided into and reflected in his mistake, and that the victim was actually in place or was not in place of injury due to the loss of the defendant's display.

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