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(영문) 의정부지방법원 2020.11.18 2020고단4835
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 9, 2020, the Defendant: (a) around 20:20 on July 20, 2020, the Defendant: (b) obstructed the victim D (n, 20 years of age) who was an employee who was under orders issued by other tables in a “C” restaurant located in Hongcheon-gun, Hongcheon-gun; and (c) pushed it over the floor without any justifiable reason.

2. The Defendant, at the time and place mentioned in the above paragraph 1, knife a knife of the victim E (n, 24 years old), knife of the knife and knife of the knife and knife of the knife, knife of the knife, and knife of the knife, knife of the knife.

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

3. The special intimidation Defendant, as described in the date and time set forth in the above paragraph 1 above, and at the location of the Hand, which is a dangerous object, as described in the above paragraph 2 above, (the length: 19cc., material quality: Switzerland) taken the face of the victim F (inn, 56 years old), who is a business owner, and threatened the victim with any danger and injury.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each E, D, and F statement;

1. Application of the relevant statutes to field photographs, records of seizure, lists of seizure and photographs;

1. Relevant Article 260(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for a crime, the choice of a sentence, and the choice of a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Special Violence Decision) (Special Violence Decision). Violence Crimes [Type 6] There is no repeated crime, special assault (Special Assault) [the scope of recommending area and recommendation], and four months to one year, respectively.

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