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(영문) 인천지방법원 부천지원 2016.01.11 2015고단3349
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 10, 2015, at around 15:00, the Defendant damaged the property by taking a serious bath for the victim, who was his/her spouse, such as “the date of death, the year during which he/she died, and the year during which he/she was suffering from the victim,” and seeing that “the victim’s “the victim’s “the victim’s life, the year during which he/she died,” which was a joint ownership of the Defendant and the victim’s joint ownership. As such, the Defendant destroyed the property by cutting off the glass table in the market price of the Defendant and the victim’s market.

2. A special assault: (a) around 17:00 on December 10, 2015, the Defendant brought about a kitchen, which is a dangerous object in the kitchen (25cm in length) at the victim’s face, and brought about a kitchen (25cm in length) which is a dangerous object at the victim’s kitchen while he was taking a bath against the victim at the same place; and (b) continuously took the kitchen knick on the victim’s face, took the kitchen knife into the victim’s face; and (c) continuously took the knife from the victim’s body, taken the knife on the part of the victim’s body, taken the knife on the part of the victim, and took about seven to eight times the knife of the victim’s body on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to parts of damage, on-site photographs, investigation reports (on-site and photographing photographs of damaged objects);

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

3. Article 62 (1) of the Criminal Act (The following favorable circumstances).

4. The punishment as shown in the disposition shall be determined in consideration of the fact that the reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is against the depth of the defendant, the victim does not want the punishment of the defendant, and the primary offender, etc.

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