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(영문) 서울서부지방법원 2016.04.08 2015고단2411

특수폭행

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On August 27, 2015, the Defendant: (a) around 18:55, at the victim C’s residence located in Eunpyeong-gu Seoul Metropolitan Government on August 27, 2015; (b) on the ground that the victim, who was in the past, had a knife, knife, which is a dangerous object in the main room of the victim; (c) knife (18cc in the knife) and knife, and (d) “

“Arh, the floor of the living room, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

"", the above excessive amount was lowered on the floor of the living room, and the victim's left side was 3 times by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to photographs of deadly weapons);

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

1. Unfavorable circumstances: Causing poor quality of the crime, such as using knife, and having been sentenced to a fine for the same kind of crime;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, environment, relationship with the victim, motive for committing the crime, and circumstances after committing the crime, such as the reflection of the fact that there is no criminal history since 2009, the victim's knife or not toward the victim, the victim does not want punishment against the defendant;