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(영문) 대구지방법원 2017.08.10 2017고단2012
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 23, 2017, at around 19:01, the Defendant: (a) on the street in front of Dart in Busan Metropolitan City, on the ground that the victim E (36 years) faced with a vehicle of the Defendant parked on the side by opening the victim’s truck, and (b) during the dispute with the victim, he sawd with a dangerous object (40cm in length) being loaded on the troke of the Defendant’s vehicle, and took one hand, the victim’s back the back head, and “the death is only” and “the death is only” was removed from the surrounding people, and the victim took part in the part of the victim in the troke of the troke, so that the victim E (36 years old) faced with a driver’s vehicle parked on the side of the victim’s truck.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to each photograph (CCTV, and Crime Gu);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment ] No person who does not have a special sentencing person / [the sentencing person] in the basic area (from June to January 10) of the six types of assault crimes (Habitual repeated, repeated crime, special assault) / [the sentencing person] / [the sentencing decision] / The sentence shall be determined as per the order, taking into account all the various sentencing conditions shown in the instant records and arguments, such as the following circumstances and the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

Unfavorable circumstances: The defendant was unable to be used by the injured party, and the victim wanted to strong punishment against the defendant.

The crime of this case is not likely to be committed in a manner that assaults the victim by carrying a hack, hacks, hacks, and gracks, which are dangerous objects.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant has no record of punishment for the same kind of crime.

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