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(영문) 대전지방법원 논산지원 2017.06.09 2017고단208

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the head of the house in B's ground-based housing in Esan-si, and the victim C(43) is the tenant of the above house.

At around 09:30 on February 24, 2017, the Defendant, while drinking alcohol together with the victim’s cohabiting female and the victim at the victim’s residence, said, the Defendant told the victim’s cohabiting female living together to the effect that “the victim talks with another female” was “the victim,” thereby damaging the victim’s kitchen glass and door-to-door glass and door-to-door glass, which are dangerous objects in the place, by inserting them, so that they can lead the victim to repair costs under the market value. The Defendant breadd the victim’s face with the victim’s face at hand. Around about 10:45 on the same day after about one hour, the Defendant again sawd the victim at around 10:45 on the knife (i.e., knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act, the choice of imprisonment with labor, respectively, for the 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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation of the defendant committed each of the crimes of this case again despite the fact that the defendant had been punished several times for the same kind of crime, there are no unfavorable circumstances, such as the fact that the crime was committed with the insertion, handker, multi-purpose knife, and the fact that the crime was committed with a very poor criminal situation, but the defendant committed an erroneous act, and the victim and the victim did not want the punishment of the defendant immediately.