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(영문) 대전지방법원 홍성지원 2021.03.17 2020고단1152
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2020, the Defendant: (a) was living in the family kitchen of the Defendant, located in the Chungcheongnam-nam Budget Group B, and was living in the family kitchen of the Defendant, and was living in the family room of the Defendant, and “The Defendant was living in the family at any time at four years of age.”

Whether the place of residence is located or not

"............. the knife (20 cm on the knife, 12 cm by hand) which is a dangerous object, has once knife the victim's right hand, etc.; the victim's right hand hand, etc.; then the two knife to the right hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault) and the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for the observation of protection and observation are as follows: (a) the Defendant recognized the instant crime; (b) the victim expressed his/her intent to maintain the marital relationship while asserting his/her wife against the Defendant; (c) the Defendant is the primary offender; and (d) the Defendant’s age, sexual conduct, motive, means and consequence of the crime; and (e) the various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., are considered.

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