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(영문) 부산지방법원 2016.12.15 2016고단6419
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 26, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Busan District Court on February 26, 2016, and is currently under probation period after the above judgment became final and conclusive on March 5, 2016.

【Criminal Facts】

At around 09:00 on July 17, 2016, the Defendant requested the victim E (the 63 years of age, remaining) who was seated in the aforesaid restaurant, and the victim D (the 62 years of age, female) who is an employee of the Party and his employee, was seated in the Scenic Park in front of the restaurant, and the victim E was able to take the son out of the restaurant.

As a result, the Defendant: (a) took a brupt and took the brupt of “this spulp, dead,” and (b) took one main knife (29cc in total length, 17cc in knife) which is a dangerous object in the kitchen of the said restaurant; (c) threatened the victims; and (d) the victims assaulted the victims of the knife by taking the knife.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. The reason for imposing a sentence of alternative punishment [the range of recommending punishment] When the mitigation area (4 to 1.2 months) (special mitigation), the mitigation area (including serious efforts to recover damage) of punishment, or considerable damage is recovered (the decision of sentencing] of the same kind of crime, and repeated crimes of the same kind of crime as the one for which the execution of imprisonment is suspended for the same kind of crime, and the other for whom the general public has a knife and knife the knife, and the other for whom the victim who escaped from the knife, knife the knife and knife the knife, and the other for which the crime is considerably poor is committed, is against the disadvantage of the general public.

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