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(영문) 대전지방법원 천안지원 2018.10.04 2017고단2026
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 23, 2017, at around 20:0, the Defendant assaulted the victim when the victim E (31) was in danger of having his/her head 4 times due to the beer’s disease, on the front side of the “D cafeteria” operated by the Defendant (hereinafter referred to as the “D cafeteria”), for the reason that the victim E (31) was not taking the examination of the Defendant.

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

2. Special intimidation: (a) on the ground that the Defendant assaulted the victim as above and went to a restaurant, and the victim did not return to his/her own, thereby threatening the victim by taking the knife (27 cm in length), which is a dangerous object at the same place as at the time specified in paragraph (1), into his/her hand, and driving away from the restaurant.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes on photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 284, 283(1) (a) (a point of special intimidation) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there is poor quality of the crime, such as assaulting or threatening the victim, while carrying with a dangerous object with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that there is a record of punishment for violent crimes, but the fact that the victim has mistakenly recognized and reflected, the fact that the victim has agreed to do so, and other various sentencing conditions, such as the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., shall

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