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Reasons
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(영문) 대전지방법원 2020.11.26 2020고단3165
특수폭행
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A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

At around 08:40 on April 27, 2020, the Defendant: (a) was placed in the middle-class outdoor shelter of the 7th floor in Daejeon U.S., the Defendant: (b) stated that the Defendant was placed in the vehicle manager “C” at the middle-class outdoor shelter of the 7th floor; (c) the victim D (ma, 60 years of age) in charge of the management affairs in the same company moved to the center of the shelter; (d) the victim was able to raise a dangerous object being used in his hand (which is equivalent to 30cc in blade length) and “n is not immediately required for every day”; and (d) the Defendant was issued from the victim with the clause that “I am out of the knife, what I am wrong, I am immediately as soon as I am am son?” and the Defendant continued to use the victim’s knife with the victim’s right hand, and made the victim knife the victim’s right hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of field CCTV reproduction CDs and relevant photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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 area and recommendation) (the scope of recommendation area and recommendation), basic area of the punishment, four months to ten months of imprisonment;

2. The criminal defendant who has rendered a sentence of sentence uses the improvement, which is a dangerous thing, and threatens or assaults the victim, and the nature of the crime is bad;

Nevertheless, the Defendant has not recovered the damage to the victim until now, or has not received a letter from the victim.

However, the defendant.

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