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(영문) 대구지방법원 안동지원 2018.08.31 2018고단21
특수폭행
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 10, 2017, the Defendant was sentenced to 6 months of imprisonment and 100,000 won of fine due to injury, etc. in the Daegu District Court’s support, and the Defendant completed the execution of the sentence in the Ansan Prison on July 5, 2017.

[Criminal facts] On January 15, 2018, the Defendant misleads the victim E (the 49 years of age) of the victim E (the 49 years of age) who had her mixed drinking at the D restaurant located in Ansan-si, Andong-si, A around 08:40 on January 15, 2018, the Defendant would be punished by imprisonment.

In the phrase “,” the head of the above victim was at one time as a shoulderer’s head with a shoulderer’s disease, which is a dangerous object, breaking the troke, breaking the shoulderer’s body to the end of the above victim.

The defendant continued to see the victim F (V, 53 years old) who is the owner of the above restaurant, and the defendant met the defendant, and the defendant was a shouldered softener's disease at the right hand, etc. of the above victim.

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 E and F;

1. A report on internal investigation (the photograph, such as the victim's image, etc.) and the victim's photograph;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria [Scope of Recommendation] The basic area (from June to October) of the 6th category (special assault) (the period from June to October) [the person subject to special sentencing] (the person subject to special sentencing) of the same type of repeated crime (the scope of final sentence due to the aggravation of punishment) of the number of concurrent crimes not subject to punishment: June to February and September;

2. In light of the content, risk, etc. of the instant crime, which inflicted an injury on the victims by using a shouldered main disease, the crime shall be deemed inferior;

The defendant has a number of punishments, including five times of punishment for the same crime of violence, in particular.

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