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(영문) 수원지방법원 2017.02.03 2016고단7538

특수폭행

Text

A defendant shall be punished by imprisonment for six 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

Even after the wife C (V, 57 years old) and the divorce in 2002, the Defendant maintained de facto marriage relationship while living together with his wife.

On October 29, 2016, the Defendant: (a) at the home of the Defendant located in Yonggu-si D, G, 302 Dong 801, the Defendant: (b) 08:00 on October 29, 2016; (c) coming from the wind of the Defendant; (d) coming from the wind of the Victim; (e) coming from drinking, seven times the victim’s face; (e) cut back the victim’s chest; (e) cut the victim’s neck by hand; and (e) throw the victim’s neck; and (e) throw away the victim’s her face, which is a dangerous thing at his/her port.

“.....”

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each video statute to the victim, a deadly weapon photograph, and a part of a trace of the victim;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act on the observation and attendance order;

1. The scope of the recommended punishment for the sentencing guidelines / [type] the scope of the recommended punishment for the sentencing guidelines / [types] the mitigated area [person who has been specially mitigated] the mitigated area (the scope of the recommended punishment], four months to one year and two months;

2. In light of the following circumstances: (a) even though the Defendant was punished by a fine due to a special assault and assault committed by assaulting the victim in around 2013, in light of the fact that the victim did not want the punishment against the Defendant; (b) the victim does not want the punishment against the Defendant; (c) the Defendant led the confession of the crime; and (d) the Defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, etc., considered all the circumstances indicated in the instant argument, within the scope of the recommended punishment.