(영문) 대구지방법원 포항지원 2019.07.25 2019고단602

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(영문) 대구지방법원 포항지원 2019.07.25 2019고단602

특수폭행

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:40 on March 23, 2019, the Defendant: (a) in front of “C” located in Nam-gu, Nam-gu, Nam-gu, Sinpo-si B at the port; (b) directed the victim D (e.g., 55 years of age) who was contacted by the Defendant and arrived at the said place after having arrived at the said place; and (c) acted as a knife with a dangerous object, knife a knife, which is a dangerous object, and assaulted the victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. The execution of a sentence shall be suspended on condition that probation and alcohol therapy lectures shall be added only once in consideration of all the circumstances, including the following: (a) details and results of the crime of the sentence; (b) details of the crime of the sentence; (c) the probation of the sentence; (d) the probation of the sentence; (d) the probation of the sentence; and (e) the probation of the sentence and the performance of the sentence for interference with the performance of duties; and (e) the period of the suspension of the sentence has several times,

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