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(영문) 대구지방법원 포항지원 2021.03.23 2021고단26
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 December 12, 2020, the Defendant: (a) on the ground that the Defendant, operated by the Defendant located in North-gu, Northern-si B at the cafeteria on December 18:38, 2020, performed the work of the Victim C ( South, 41 years old) who is an employee at the cafeteria; and (b) on the ground that the Defendant, in turn, made a fake and increased the fluority of a fake fe.

"라고 소리치고, 요리가 담긴 프라이팬을 피해자를 향해 휘둘러 바닥에 던지고, 짬뽕 소스가 담긴 통을 들어 올려 피해자에게 부을 듯이 위협하고, 위험한 물건인 중식용 칼을 오른손으로 집어 들고 피해자에게 휘두를 듯이 위협하며 왼손으로 피해자의 멱살을 잡고 밀쳤다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 6] violent crimes [type 6] repeated offenses and special assault (special sentencing person] mitigated elements: In the event the degree of assault is minor, the victim is also responsible for the occurrence of a crime, the victim is not subject to the punishment [the territory of recommendation and the scope of the recommended punishment], the area of special mitigation of the punishment (the scope of the recommended punishment and the recommended punishment], January through February;

3. Determination of sentence: Determination of sentence: Four months of imprisonment with prison labor, five years of suspended sentence, and no other record of criminal punishment, active damage recovery efforts, the defendant's age, family relationship, circumstances leading to the crime, and other relevant factors;

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