(영문) 대구지방법원 서부지원 2018.09.05 2018고단530

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(영문) 대구지방법원 서부지원 2018.09.05 2018고단530

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 15, 2018, at around 13:45, the Defendant: (a) was required by the victim C (62:3) who is the apartment security guard of the above apartment (hereinafter “the above apartment security guard”) to “the opening shall be put in a standard plastic garbage bag, and the opening shall be put in a separate collection place only in a separate collection place,” and the security guards do not directly collect it, at one time, put in the victim’s shoulder (1m in length) one time, and then put in the victim’s knife (20m in the knife length), which is a dangerous object at the separate collection place of the vehicle, on the ground that the security guards do not directly collect it.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as a report on investigation (to be accompanied by CCTV images taken on the face of a crime), and a photograph of the criminal tool;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The sentencing of Article 62(1) of the suspended sentence is highly dangerous in light of the contents of the instant crime committed by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act; on the other hand, the Defendant led to the confession and reflect of the instant crime; the Defendant did not want to punish the Defendant by agreement with the victim; the Defendant did not have any record of being punished for the same kind of crime or of being fined exceeding the fine; and the Defendant’s age, sex behavior, environment, motive, background, means and consequence of the crime; and all other circumstances constituting the conditions of sentencing as indicated in the instant pleadings, including the circumstances after the crime, etc., shall

참조조문

-형법 제62조 제1항

-형법 제260조 제1항

-형법 제261조

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