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(영문) 수원지방법원 안산지원 2015.12.16 2015고단3494

특수폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment is suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On September 2, 2015, at around 21:05, the Defendant: (a) viewed that the victim E drinking alcohol together with the sweak in the D Park 13 apartment complex in light of light-based C Apartment 13 complex passed; (b) caused the victim’s desire to do so, and (c) caused the victim’s desire to do so at the Defendant’s house located in C Apartment 13 complex 131/410 and 410, and used the knife and knife with the knife in front of the victim’s left part and left part of the victim’s clothes and left part of the knife with each other.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

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. Scope of recommendations given in accordance with the sentencing guidelines, such as Article 62 (1) of the Criminal Act (including where it is extremely high to the defendant's previous conviction, but it is a confession and rebuttal of the defendant, an agreement with the victim, etc.): Imprisonment with prison labor for six months to ten months, the basic area of the crime of assault (Habitual, Cumulative, and Special Violence) (including a person who is subject to special mitigation) or a member not subject to punishment (including a serious effort to recover damage), or damage to a considerable portion of the crime / cruel;

1. Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;