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(영문) 서울동부지방법원 2017.05.25 2017고단902

특수폭행등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim D have been suffering from conflict because the defendant requested the victim to marry or live together for more than 10 years, but the victim did not comply with the request.

1. On March 5, 2017, the Defendant is expected to return from the Defendant’s house located in Jung-gu Seoul, Jung-gu, Seoul to the Defendant’s house.

In order to prevent the victim from getting out of the house, the victim 2:30 minutes and 30 minutes from the above house were prevented from getting out of the house by cutting down the arms of the victim, and repeating that the victim gets out of the body again of the defect about intending to get out of the house, thereby preventing the victim 2:30 minutes and 30 minutes from the above house.

Accordingly, the defendant detained the victim.

2. A special assault: (a) around 22:40 on March 5, 2017, the Defendant agreed to allow F to live together with the victim by going to the victim F, along with the victim F, and the victim, at a coffee shop in the house; (b) however, the victim and F did not comply with it; (c) the victim and F did not respond to it; (d) the Defendant’s house at the Defendant’s house immediately after the hedging with F, and went to Seongdong-gu Seoul, Seoul, where the victim had a total of 21cm.

At around 23:15 on the same day, when the victim and the F arrive in front of the victim's house, the victim's knife, which was prepared in advance, was "the dead person" and "the knife of the victim".

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 276 of the Criminal Act, and the choice of imprisonment for a crime, respectively;

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 of the Criminal Act: