logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.08.17 2017고단2275
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2017, the Defendant: (a) one person, one of the day-off of the victim E (20 years old) who was seated on another table, while drinking together with the folder in the “D” restaurant located in Daegu-gu, Daegu-gu; (b) around 06:45 on April 8, 2017, is a bitch bitch bitch bitch,” to the Defendant.

For the reason that he expressed his desire as Cr. S., one son, which is a dangerous object on the table of the table, was faced with approximately 10 meters away from the victim's day-to-day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

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 sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is reduced [the scope of the recommended punishment] and damage equivalent to six types of assault crimes (Habitual, repeated crime, special assault) (4 months to one year and two months), the mitigated area (the special mitigated person] of the punishment not (including the advanced effort to recover damage), or considerable damage has been restored;

2. Circumstances unfavorable to the determination of sentence: In light of the implements, etc. of the instant crime, the risk is heavy and the quality of the instant crime is not minor. Even if the Defendant had been committed several times of violence, the Defendant is led to confession and reflecting against the instant crime. The victimized person does not want to be punished against the Defendant. Taking into account all the circumstances, including the Defendant’s age, occupation, sex and environment, family relationship, relationship with the victim, motive and background of the crime, means and consequence of the crime, and circumstances that form conditions for sentencing, such as the circumstances after the crime, etc.

arrow