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(영문) 대구지방법원 2015.12.03 2015고단4468
특수폭행등
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

The defendant is the father and wife of the victim B (math, 41) and the father and wife of the victim C (math, 19 years old).

1. A special intimidation and special assault Defendant, around August 10, 2015, expressed the Defendant’s house located in the Daegu Northern apartment, Daegu Northern District on drinking alcohol, and expressed the Defendant’s desire to “for the same year, Chewing” to the victim B and the victim B “for the same reason, she saw the part of the face of the victim B once, she saw the part of the victim B as dangerous things in the kitchen, and act as doing harm to the victim and the victims, and she saw the victim C’s chest as drinking in order for the victim C to take excessive profits.

The defendant carried the excessive amount of dangerous articles, and threatened the victims, and took time C of the victims.

2. Around August 11, 2015, at around 05:49, the Defendant: (a) avoided the disturbance at the Defendant’s home as indicated in paragraph (1); (b) brought about the victims by gathering a storm, which is a dangerous object in the ward and was in danger of being in the ward.

The defendant assaulted victims of dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigative reports (to hear statements from victims);

1. Application of Acts and subordinate statutes on site photographs, excessive photographs, standing photographs, and statutes on the 112 Reporting Case List;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the relevant criminal facts, and Articles 261 and 260 (1) of the Criminal Act (a point of special assault);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing in the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Probation Criminal Act are that the sentencing criteria do not present a separate method of dealing with ordinary concurrent crimes, and in this case, the sentencing criteria are not applicable.

A dangerous thing that the defendant is under the influence of alcohol.

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