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(영문) 대구지방법원 2020.02.19 2019고단6162
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:20 on November 1, 2019, the Defendant told the victim that he had drinking with the victim D (the age of 59) in the Daegu Suwon-gu B apartment C, Daegu-gu, 2019, “I am well frighten? I am well frighten? I am well frighten? I am well frighten? I amben? I am. I am the victim “I am. I am? I am the victim “,” and kn knife (the knth length, 16 cm, the total length, 30 cm) which is a dangerous thing in the kitchen. I am amben, and the Defendant am a son, this son, and the Defendant ambened with the knick and knicked with his hand.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each photograph: the application of the Act and the Act and subordinate statutes governing "victims" and "criminal tool."

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of violent crimes [type 6] the repeated crime, special assault [Special Contributors] - mitigated elements: Where the degree of assault is minor (type 1, 6, and 7): In the event that the degree of assault is minor (type 1, 6, and 7), the area of special mitigation [the scope of recommendations and recommendations], the area of special mitigation [the scope of recommendations and recommendations], the period of imprisonment from January to December 12 [the grounds for suspension of execution] - Where the form of crime is minor, the grounds for suspension of execution - Where the form of crime is insignificant - The grounds for general pride are minor - The grounds for suspension of execution is not for contingency, and that the health of defendants is very good - the general

3. Determination of sentence: The one-year period of suspended sentence in the six-month period of imprisonment is snowed in the victim’s item, and thus, the risk of recidivism is likely to lead to a fatal injury if any, and considering the fact that the defendant frequently drinks, and thus, the risk of recidivism is severe in order to prevent recidivism.

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