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(영문) 수원지방법원 2017.09.28 2017고단3999
특수폭행등
Text

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

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

Reasons

Punishment of the crime

1. In the indictment on May 28, 2017, the Defendant who intrudes with a special residence is indicated as “On May 27, 2017,” but there is no clear error that it is a clerical error and there is no risk that it would be any substantial disadvantage to the Defendant’s exercise of his/her right to defense, and thus

16:39 At around 16:39, when the victim was in front of the house of the victim D, the victim had injured another person by the opening of the defendant.

The blade, which is a dangerous object, was maintained (14 cm length: 14 cm) and opened a gate and intruded into the house. Accordingly, the Defendant carried dangerous objects into the residence of the victim.

2. A special assault Defendant committed an assault on the part of the part of the victim’s head, which is a dangerous object prepared in advance for the foregoing reasons at the time and place specified in paragraph 1 (1) (knife length: 14 cm), with the part of the part of the victim’s head, which is a part of the victim’s head, at several times, and by walking the part of the victim’s head, which is a dangerous object.

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

Summary of Evidence

1. Application of Chapter 12 on-site photographs and video CD-related Acts and subordinate statutes to the police report (CCTV verification) on the investigation report of the Defendant’s legal statement D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment (a special assault, choice of imprisonment with prison labor) and Articles 320 and 319(1) (a) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of recommendation [the scope of recommendation] for a crime (special assault) for which the sentencing guidelines are set, the range of punishment [the scope of punishment] shall be the mitigated range (from April to February 1) [the person who is subject to special mitigation] compared to the sentencing range in which the punishment is not imposed, and the recommended range of sentence: The special intrusion of residence for which the sentencing guidelines are not set between April and February 1, and the former part of Article 37 of the Criminal Act. Thus, the above recommendation type is concurrent crimes under the former part of Article 37 of the Criminal Act.

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