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(영문) 의정부지방법원 고양지원 2018.09.07 2018고단1213
특수폭행치상
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 16, 2018, the Defendant used a 26 cm kitchen in total length (15 cm on a day, 15 cm, 11 cm) of the goods dangerous in the kitchen, and 26 cm in total length (15 cm on a day, 11 cm) of the goods dangerous in the kitchen, and caused the victim to take care of the number of days of treatment by drinking together with the compensation for the previous workplace of 309 Dong, 42 years old). The Defendant assaulted the victim's face on the back to 3 to 4 hand, and the victim took care of his face in order to prevent the victim's face. The Defendant took care of the victim's second hand in order to prevent the victim's face from being left.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of blade photographs, photographs at the time of damage, and Acts and subordinate statutes after treatment;

1. Relevant Article of the Criminal Act and Articles 262, 261 and 260 (1) 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 suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not very good in light of the method of crime and the relationship with the victim, etc. due to the crime of domestic violence in which the victim was injured by a person who will display the kitchen knife, which is a dangerous object of the defendant.

However, it is against the defendant's wrong recognition of the defendant, and the victim wants not to be punished by the defendant from the investigative agency to the present court, while considering the favorable circumstances that the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. are shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime.

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