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(영문) 인천지방법원 2018.09.13 2018고단4944

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:56 on June 29, 2018, the Defendant: (a) was a victim D ( South, 46 years old) who had drinking alcohol at a place while drinking alcohol at C head office in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) “Apson is another person; (c)

Whether it is between the president and the president.

“In doing so, I doubtful the relationship with the victim with the president of the Hoppon House, and blicked the victim.”

If the victim did not answer the victim, the defendant left the house of the defendant in Incheon Gyeyang-gu E and 102 without delay, and left the kitchen knife (30 cm in length, 22 cm in length) which is a dangerous object that had been living there, on the ground that the injured person disregards the end of the defendant, the defendant added the kitchen knife to the above knife and added the kitchen knife to the above knife, and knife the victim's body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of the recommended sentence according to the sentencing guidelines [the types of decisions] violent crimes, intimidation crimes, and Type 4 (Habitual, Cumulative, and Special Intimidation) (Special Sentencings): Reduction elements of the punishment (the scope of the recommended punishment]: Imprisonment with prison labor for not less than four months nor more than one year (the area of mitigation);

3. Determination of sentence: The crime of this case committed by the defendant for six months in imprisonment and one year in suspended sentence is not good, but the defendant is recognized to commit the crime of this case and reflects his mistake in depth, the defendant seems to have fallen under the crime of this case by contingency, and the victim seems not to suffer particular damage due to the crime of this case, and the victim is against the defendant.