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(영문) 수원지방법원 안양지원 2019.06.18 2019고단586

특수폭행치상

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

At around 00:25 on November 1, 2018, the Defendant: (a) placed the victim D (n, 54 years of age) who is the spouse of the Defendant (n, and 54 years of age) and the knife (18cc in length of the day) in the victim’s knife knife (the total length of 30cc, 18cc) which is a dangerous object; (b) placed the victim’s knife at the victim’s knife and knife (the total length of 23cc, the day of 12cm in length) which is a dangerous object (the total length of 23cc, and the day of 12cm in length) and caused the victim who was aware of the number of days of treatment to the knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on seizure records;

1. Although Article 262, Articles 261 and 257(1) of the Criminal Act and the applicable provisions of the indictment for the selection of criminal facts include “Article 258-2(1) of the Criminal Act”, in the case of bodily injury resulting from special assault, it is reasonable to interpret that punishment shall be punished in the same manner as provided in Article 257(1) of the Criminal Act, notwithstanding the establishment of Article 258-2 of the Criminal Act.

(See Supreme Court Decision 2018Do3443 Decided July 24, 2018)

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is a situation unfavorable to the defendant, in which the crime of this case was committed by carrying dangerous articles of the defendant and causing bodily injury to the victim, and the liability for the crime was not minor, and there are many records of punishment due to violent crimes.

On the other hand, the fact that the defendant is against the defendant and the victim does not want the punishment is favorable to the defendant.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.