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(영문) 청주지방법원 2017.05.11 2016고단2816
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Cheongju District Court on January 9, 2014 and the same year

8. 26. The Cheongju prison completed the execution of the sentence.

[2] The Defendant, while under the influence of alcohol, told the victim E (54 years of age) who drinks alcohol in the front of “D Mart” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and without any justifiable reason, under the influence of alcohol and lacks the ability to discern things or make decisions, used a saw (60 cm in total length, approximately 33 cm in length), which is a dangerous thing, to the victim’s saw that the Defendant Dabling alcohol in the front of “D Et” in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

was made.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

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

1. Photographs of seized articles;

1. A criminal investigation report (to compile details of 112 declarations), and a criminal investigation report (to listen to Kim Young-chul's statements);

1. Previous convictions: Application of Acts and subordinate statutes concerning inquiry about criminal history, investigation reports (prior convictions for repeated crimes), copies of judgment, and current status of personal confinement;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for the reduction of mental and physical weakness [the scope of recommended punishment] When an intentional act of assault is committed in the mitigated area (4 months to 1 year and 2 months), where an intentional act of assault is committed in the mitigated area (including special mitigation) (4 months to 1 year and 2 months), where an act of assault is committed in the mitigated area (including efforts to recover damage), or where an act of assault has been restored in the damaged area (excluding the types of repeated and repeated crimes among six types) of the same repeated crime (excluding the types of repeated and repeated crimes among six types) / Where an act of assault is committed in the same kind of repeated crime (excluding the types of repeated and repeated crimes) [the decision of sentencing] is highly dangerous on the day of saw that the act of assault is the same kind of repeated crime, and it is necessary to strictly

However, there are many kinds of alcoholic beverages for the defendant.

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