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(영문) 대구지방법원 2016.06.24 2016고단907
특수폭행
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C and the victim on December 21, 2015.

On December 18, 2015, at the defendant's house located in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, the defendant demanded the victim to pay money by selling the debt to the victim. However, the victim's refusal to pay the debt, and the plaintiff's "gas valve is cut."

“Arhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

“Along with the sound, the excessive restriction, which is a dangerous object in the main room, shall be taken in the item of the damaged person, and “a tree shall be cut.”

“In the floor of the victim’s face by sound, the victim’s face was humed twice, and the victim’s seat was styed in the air, and the victim’s seat was forced to be cut off, and styed on the panty.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made to C by the police in the protocol; and

1. Preparation of recording records and reports, investigation reports (related to interviews prior to decisions and additional data submitted by victims), and application of each entry in investigation report (Attachment of 112 reported details) or video statute;

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 conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of applicable sentences under the law] 1 to 5 years [the determination of types of violence] / [the decision in the sphere of recommendation] / six months to 1 year / [the scope of the recommended sentence] / The main reasons for suspension of execution / The main reasons for suspension of execution / The crime committed by a negative organization or multiple force, or with deadly weapons and other dangerous factors.

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