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(영문) 인천지방법원 2019.07.26 2019고단4075

특수폭행등

Text

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

Reasons

Punishment of the crime

1. Around April 3, 2019, the Defendant: (a) displayed the victim’s hon, a dangerous object (70cm in length) in front of the Dongam Station, which was located in 10, Dongam-gu, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, in front of the Dongambook that was located in 10; and (b) made once a part of the victim’s hon (70cm in length) with the victim’s hon.

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

2. On April 4, 2019, the Defendant: (a) considered that the victim O (n) was sexual intercourse with the Defendant’s husband at Bupyeong-gu, Incheon, Bupyeong-gu N on April 4, 2019; and (b) assaulted the victim’s breast part at one time with the Defendant’s husband; and (c) the victim’s breast part was fluent with the Defendant’s finger hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to K andO;

1. Application of the Acts and subordinate statutes to the 쇠 Monnes photographs and victim photographs used by the suspect;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 260 (1) of the Criminal Act ( point of violence), and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 6 (Special Violence) (No person subject to special mitigation) mitigation area (two to one year and two months) (excluding a person subject to special mitigation); and

(b) Type 1 (General Violence) and the basic area (two to ten months) (special person) of the second crime; and

(c) The scope of final sentence due to the aggravation of multiple offenses: February to July; and

2. The character, conduct, family relationship, and family relationship of the defendant who has been sentenced to imprisonment for five months at the Incheon District Court on June 18, 2019 and currently in the appellate trial, in light of the following circumstances: (a) the defendant who has been sentenced to the punishment of the defendant under the agreement with the victim of special violence does not want the punishment of the defendant; (b) the defendant has been punished four times as a violent crime; and (c) the defendant has been serving in the appellate trial after being sentenced to imprisonment with labor for the crime of