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(영문) 서울남부지방법원 2017.08.18 2017고단1193

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 1, 2017, the Defendant: (a) committed assault against the victim on the part of Gangseo-gu Seoul Metropolitan Government and the victim C (the 36 years of age) located together; (b) on the part of the Defendant’s spouse on the ground that the Defendant’s spouse is suspected of having a female problem; (c) the Defendant’s spouse was able to obtain the victim’s head head debt by hand; (d) the Defendant was able to take the face by drinking; (d) the victim’s head head head face over the floor; and (e) took the victim’s head face over the floor; and (e) took the victim’s escape from the front door.

2. The Defendant damaged the property by assaulting the victim at the above date, time, and place, and destroying the property owned by the victim by the victim, such as the victim's festing of half of 20,000 won at the market price of 20,000 won or more at the time and place, the victim's flaging of the escape, and destroying the electronic rashing flabing, the market price of which is equivalent to 100,000 won at the market price due to the loss.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. The photograph of the deceased and knife victim;

1. Application of the police statement protocol law to C

1. Relevant legal provisions of the Criminal Act, Articles 261, 260 (1) (Special Violence, Selection of Punishment) of the Criminal Act, and Article 366 of the Criminal Act concerning 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. Determination of the period of suspension of execution shall be made in consideration of the confession of reasons for sentencing under Article 48(1)1 of the Criminal Act, the circumstance that the victim does not want the punishment of the defendant, the risk of committing the crime, the circumstances after the crime, the records of the crime, etc., and the risk of recidivism, etc.