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(영문) 대구지방법원 포항지원 2018.06.27 2017고단1112
특수폭행
Text

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

A knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On February 5, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of conflict at the port branch of the Daegu District Court, and completed the execution of the sentence at the port branch on September 7, 2015.

[2] On June 16, 2017, the Defendant, in the stairs between the first and second floor of the building C in South-gu, Seoul, and the second floor of the building C on the occasions of porting on June 16, 2017, was in dispute with job placement and monetary issues during the call between the victim D and the victim E (n) and the telephone, and was resisted with the victim E, who was resisted by the Defendant, and was able to report the victims who discovered at the above place, and was in danger of chemicaling on his hand, as the main knife knife ( approximately 28 cm in total length, about 16 cm in length).

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

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

1. Investigation report (personal information of the person under investigation and seizure of deadly weapons), knives photographs, and photographs of damaged parts of the victim;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same criminal record and the judgment, etc.), application of the defendant's statutory statement statutes;

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 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment ] 6 types of assault crime (Habitual, repeated crime, special assault) [the person who is subject to special mitigation] / [the decision of sentence] / [the defendant has the record of having been sentenced to imprisonment, etc. due to violent crime similar to this case / the defendant again commits the crime of this case during the period of repeated crime. The defendant committed the crime of this case again during such crime, in light of the attitude of the crime of this case, the degree of damage, etc., and the degree of damage, etc., under normal circumstances that are disadvantageous to the disadvantage that the nature of the crime of this case is bad, and the defendant repents the defendant's mistake.

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