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(영문) 대전지방법원 서산지원 2014.03.28 2013고단713
폭행등
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A defendant shall be punished by imprisonment for one year.

One industrial knife (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On May 23, 2012, the Defendant was sentenced to six months of imprisonment for an attempted larceny at night at the Daejeon District Court, and completed the execution of the sentence in the Busan Correctional Institution on October 14, 2012.

【Criminal Facts】

1. Around 10:30 on June 9, 2013, the Defendant assaulted the victim AK (the age of 61) who was a security guard to restrain the Defendant by satising water into the corridor at the “AJ Hospital” located in the AJ Hospital in Seocho-si, Seosan, and taking a bath for nurses, etc.

2. Around June 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) threatened the victim with an industrial knife knife, an industrial knife, which is a dangerous object of moving the wheelchairs on the Defendant’s knife, in front of the entrance of the first floor of the “AJ Hospital”, when the victim gets out of the front of the entrance of the “AJ Hospital” due to the head of AL (the age of 37).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness AK and AL;

1. Police seizure records;

1. Reports on internal investigation (the photographs of articles seized, suspects, etc.);

1. Previous records of judgment: Inquiry records, such as criminal records, references to personal records, the current status of personal identification and confinement, and the application of statutes governing judgment;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the punishment of the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. As to the assertion of the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant was found to have taken the knife of the industrial knife before the victim AL, but there was no fact that the knife or used the knife to the victim, and thus, the victim was a deadly

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