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(영문) 부산지방법원서부지원 2020.09.02 2020고단1601
특수폭행
Text

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

One saw (No. 1) seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for a special injury in the vice branch of the Busan District Court on January 16, 2020, and the probation period becomes final and conclusive on January 24, 2020 and is currently under suspension of execution.

【Criminal Facts】

On July 4, 2020, the defendant was found to be the above office in order to respond to the bus article while he was dissatisfied with the D community bus article and charge of the company's former company, in the office of the division office in Busan Northern-gu, Busan-gu.

On July 4, 2020, at around 14:07 of the same day, the Defendant requested the victim E (son and 68 years of age) (hereinafter referred to as the "victim") who had been in the above office to leave the D Village bus article. However, the victim's knife saw (36 cm in total length, 23 cm in length) out of the diving office and the dangerous articles carried in his own back, was concealed in the back knife, and entered the above office again, and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

After all, the Defendant assaulted the victim as a dangerous object.

Summary of Evidence

1. The investigation report by the police on the defendant's legal statement E (D community bus articles, words, etc.) and investigation report (on-site CCTV investigation);

1. Seizure record and list;

1. A photograph of damaged parts, such as a photo, or on-site CCTV image;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same or similar past records) Acts and subordinate statutes;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Code for forfeiture is that even though the defendant was under suspension of execution due to the same kind of crime, the crime in this case is committed again, the nature and circumstances of the crime are very poor in light of the means and methods of the crime, and the agreement with the victim is not reached.

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