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(영문) 대구지방법원 2017.12.19 2017고단5332
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 27, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seo-gu District Court’s Branch Branch Branch, and completed the execution of the sentence on October 22, 2014.

【Criminal facts】 The Defendant is in a de facto marital relationship with the victim C (the age of 34).

On June 1, 2017, the Defendant was hospitalized as a hospital with the victim's own animals from 205 of the Daegu Dong-gu D Building No. 205 around 22:00.

For this reason, the Madro pan (28 cm in diameter, 52 cm in total length), which is a dangerous object, has expressed the desire to “Chokh, Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. One copy of the report of investigation (on-site conditions, the statement and arrest of the persons concerned of the case), photograph, investigation report (pum pande photographs of the crime committed by the injured party), photograph, investigation report (Attachment to the report processing table of the case No. 112 related to the suspect A)-12;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (the records of the relevant criminal history and the period of repeated crime), - one summary of the case and one copy of the judgment, and one copy of the personal confinement status, respectively, shall be applied;

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. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] Crimes under Article 35 of the Act on the Punishment of Violences, etc. [Article 35] 6 types of assault crimes (special assaults) [Article 6 months to one year and two months] [Special mitigated Persons] The defendant is not subject to punishment [Article 5], and the defendant is subject to several criminal punishments, and on March 27, 2014, he/she was sentenced to eight months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (Intimidation, etc. by group, deadly weapons, etc.) in the branch court of the Daegu District Court on March 27, 2014 and executed the sentence on October 22, 2014.

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