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(영문) 대구지방법원 2021.03.16 2021고단176
특수폭행등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2020, the Defendant, at around 02:20, committed assault against the victim, as a result of a dispute with the victim D (the remaining and the age of 31) in front of C in Daegu Northern-gu, Daegu-gu, Daegu-gu, Daegu-gu, by hand, caused the victim to have a brick (a 10cm in length, width and length) that is a dangerous object at one time and at one time.

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

2. On the above day at around 02:43, the Defendant presented the Defendant’s unlawful uttering of official document as if he was the Defendant’s driver’s license, which was the Defendant’s official document document, to obtain a request for presentation of identification cards for identification and identification of the circumstances of the case in connection with the case of special assault reporting from F of the police officer affiliated with the Daegu Gangnam Police Station E-gu Police Station, which was called out after receiving a report at around 02:42.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (referring to correction of a suspect's personal information);

1. Application of the Acts and subordinate statutes to photographs taken of stones used for crimes;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 230 of the Criminal Act (a point of uttering of improper official document) and the choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is added up for concurrent crimes with heavy special assault crimes (this two crimes)];

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Violence) (Special Violence) / [Determination of Type] Violence / [Type 6] / Special Violence / Special Assault / Special / Special Assault / Special Sentencing : In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], the area of mitigation of punishment [the area of recommendation and recommendation], February through February 1 and February;

(b) No. 2 Crimes (Unlawful Uttering of Official Documents) [types] Crimes of Official Documents. Unlawful events, such as Official Documents, etc.

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