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(영문) 제주지방법원 2020.08.21 2020고단1354

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for three 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

The defendant and the victim B (the age of 42) have been living together from October 2019.

At around 01:53 on March 19, 2020, the Defendant, while drinking alcoholic beverages in Jeju City C and D, a residential area, carried out food knife, Japanese knife, and booms, which are dangerous things in the kitchen, without any justifiable reason, and the victim re-enters the above knife the knife into the kitchen and then pushed the knife with the knife by hand, and knife the knife, and knife the knife with the knife by hand, and knife the knife of the victim. The Defendant used the knife knife with the knife knife knife knife knife knife knife by carrying the dangerous things to the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of statement concerning B prepared by the police officer;

1. Entry in the petition form B;

1. Application of Acts and subordinate statutes entered in the report processing list, 112 cases prepared by the police;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment under law] 1 month or five years [the decision of a sentence] - violent crimes, violence crimes, 6 types (special violence): Where the degree of violence is minor : mitigated element - In the event that the degree of violence is minor, it is not subject to punishment [the general person] - mitigated element: mental and physical disability (the person in question is responsible for the person in question) - serious reflect [the scope of recommendation] special mitigation area, 1 month to 1 year and 2 months [the period of suspended sentence] - Where the attitude of crime is minor - If the person in question is committed with dangerous articles - If the person in question is committed with dangerous articles - the person in question, the person in question - the person in question - the person in question is sentenced to suspended sentence at least twice.