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(영문) 서울남부지방법원 2017.02.14 2016고단6346
폭행등
Text

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

Seized evidence No. 1 shall be forfeited from the defendant.

The facts charged of this case.

Reasons

Punishment of the crime

On December 15, 2016, around 18:44, the Defendant, while drinking alcohol at his own house kitchen, as indicated in the foregoing paragraph 1, changed the victim C (at the age of 41), who was a previous kitchen, to live together with 65,00,000 won on the ground that the Defendant refused to do so, but, on the ground that the victim refused to do so, she was in possession of a dangerous object (the total length of 31 cm, the knife length of 18 cm) and she was in possession of the Defendant’s knife with the knife on the ground that the knife was in danger of being in the knife.

“In the end, the victim threatened the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each police statement made to C, D, and E;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Application of Acts and subordinate statutes to each investigation report and each emergency measure report;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense. Article 283 (Selection of Imprisonment);

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

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria;

(a) Determination of types: [18] Violence, 04. Intimidation (Type 4] Habitual, Cumulative, Special Intimidation;

(b) Special sentencing factors: Reduction factors (unlimited to punishment);

C. General sentencing factors: None.

(d) Scope of recommending punishment: Reduction area, four months to one year; and

3. Determination of sentence: Imprisonment with prison labor for eight months [ favorable circumstances] The victim's non-guilty source (unfavorable circumstances] for the punishment of the victim; fine of KRW 1.5 million on June 29, 2015; fine of KRW 3 million on December 14, 2012; and the majority of the past records of assault and bodily injury, etc. who were subject to criminal prosecution or family protective disposition on December 14, 2012; the defendant seems to have committed frequent assaulting the victim and his/her children (the police investigation from 2012 to 2016, 13 times, and 4 times protective observation measures from 2016); the victim and his/her children have resided in the home protective center for eight months; and the crime of this case also is during the home protective disposition period; thus, there is a need to strictly punish the victim regardless of whether the victim was punished.

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