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(영문) 대구지방법원 2019.08.27 2019고단3166
특수폭행
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

On May 25, 2019, around 17:10 on May 25, 2019, the Defendant: (a) carried out a dispute with the victim D (34 years of age) due to the elevator and vehicle parking in the 2nd floor parking lot in Daegu-gu, Daegu-gu; (b) carried the victim’s flab with flab, and led the victim, without taking part in the flab; and (c) carried the victim’s knb, which is a dangerous object in advance in the right flab on the right side of the ppuri (16cm in total, 7.5cm in knb, knb, knb, etc.; and (d) threatened the victim with the victim, like the victim, knbnb and knb, knb the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: Violence crimes [Type 6] and no repeated crime or special assault (special assaulter] (the scope of recommendation field and recommendation range]; the basic area of recommendation and recommendation; four months to one hundred months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: A crime committed by the defendant in a knife, which is a dangerous thing with the victim, by threatening the victim, shall not be less severe in light of the circumstances, details, etc. of the crime.

The damage recovery was not made.

The favorable circumstances: there is no record of criminal punishment exceeding the fine for the defendant.

Defendant is led to confession and reflect.

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