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(영문) 대구지방법원 포항지원 2018.09.05 2018고단826
특수폭행
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A defendant shall be punished by imprisonment for 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

On July 6, 2018, at around 23:05, the Defendant, at the main point of “D” in the operation of the victim C (n, 34 years of age) in South-gu, Nam-gu (Y) on July 6, 2018, demanded the calculation of the victim after drinking alcohol, he/she died of a Chewing throst.

The 500cc glass World Cup, which is a dangerous thing cited by his hand, was strokeed by the victim and the strokeed by the lush hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Domestic history reports (cases concerning attachment of field photographs) - Application of the Acts and subordinate statutes governing photographs;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The sentence shall be determined as ordered by taking into account various sentencing conditions, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., under consideration of the following factors: (a) the mitigation area of punishment (4 months to 1 year and 2 months); (b) the non-won of punishment [decision of sentence] in light of the circumstances of the crime, the method and result of the crime; (c) the defendant's agreement with the victim was unfavorable; and (d) the defendant's agreement was reached; and (e) the defendant's reflection was committed; and (e) the defendant's age, sex behavior, environment, motive, means and consequence of the crime; and (e) the following circumstances

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