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(영문) 수원지방법원 2019.08.16 2019고단2132

특수폭행

Text

A defendant shall be punished by imprisonment for six 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

On February 5, 2019, the Defendant collected a knife ( approximately 47 cm in total length, approximately 30 cm in knife length), which is a dangerous object on the table table, on the ground that the victim D (the age of 48) demands the repayment of the obligation within the “C” restaurant operated by the Defendant, which was operated by the Defendant, and assaulted by the Defendant, such as knifeing the part and the part of the victim’s inside and outside of the knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Statement of police seizure;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.

3. Determination of sentence: The above sentence shall be determined by taking into account the following factors: six months of imprisonment, two years of suspended sentence, and two years of suspended sentence, the face and distribution of the victim's face toward several times: Provided, That the defendant confessions the defendant and reflects his/her face; the defendant is not subject to violence except for one-time criminal record of bodily injury and damage to property; the defendant does not have any other violent force; the defendant's age, character and conduct, intelligence and environment; relationship to the victim; the motive, means and consequence of the crime; and the circumstances after the crime, such as circumstances after the crime;