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(영문) 인천지방법원 부천지원 2020.01.17 2019고합227
성폭력범죄의처벌등에관한특례법위반(특수강간)
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A defendant shall be punished by imprisonment for one year.

A seized knife (No. 2) shall be confiscated.

Reasons

Punishment of the crime

On August 21, 2019, the Defendant, at around 21:00, found the “D” main points of the victim C (the 57-year-old) operation in Kimpo-si, Kimpo-si (the 57-year-old) as a customer, provided the victim with alcohol and dialogue, and provided the drinking value to the injured party on credit, the Defendant purchased a knife knife knife (the 22cm in total length, 10cm in knife length, flife No. 2) that is dangerous at the neighboring convenience store on the ground that the injured party did not take his speech.

On August 21, 2019, at around 23:07, the Defendant was to sit in a sofa, but the Defendant was refused from the victim, and the Defendant took the knife of the knife, which is a dangerous object that was prepared in advance, in his own knife the knife of the victim, with the left hand, led the victim's knife to the knife sofa, and then pushed the victim into the knife, and led the victim's knife to the knife of the knife., and strongly divided the victim's knife by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement to E by the police;

1. Details of telephone communications by a witness;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

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

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] violent crimes [Type 6] special assault [Special Assaults] mitigated elements: The mitigated elements of punishment (including serious efforts for recovery of damage] (including the recommended field and recommendation range] mitigated areas, imprisonment between February and February;

3. 선고형의 결정: 징역 1년, 몰수 ◎ 불리한 정상 - 이 사건 범행은 피고인이 주점 업주인 피해자에게 항의할 것이 있다는 이유로 칼을 들고 찾아가 주점에 혼자 있는 피해자의 목에 칼을...

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