beta
(영문) 의정부지방법원 2017.11.29 2017고단4002

특수폭행

Text

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

around 15:55 on August 2, 2017, the Defendant: (a) committed assault against the victim D(40 years) who was under construction of an interior interior interior 1109-dong 1101 of the C Apartment-si, Namyang-si, at around 15:15, on the ground that the noise from the floor occurred between floors; (b) the Defendant used the Defendant’s house at the Defendant’s house located below the lower floor for a knife (the total of 39cm, the length of 25.5cm) and used the Victim’s knife at one time to knife the Victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to victims or deadly weapons photographs;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] Consideration of the crime committed by assault, taking into account the following favorable circumstances: (a) the mitigated area (a) [special mitigated person] [a] mitigated area of punishment (a period of four months to one year and two months] [a] [a] mitigated area of punishment; (b) four months of imprisonment; (c) a suspended sentence of one year; (d) a crime committed while carrying a tool for committing a crime that may cause serious bodily harm to the victim; (e) a victim does not want the punishment by mutual consent with the victim; (c) a victim does not want the punishment; (d) a victim does not have any criminal record beyond a fine; and (e) a certain number of circumstances that may be taken into account in the course of the crime; and