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(영문) 수원지방법원여주지원 2020.10.28 2019고단648
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

No. 1 or 2 shall be confiscated from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On November 6, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of special obstruction of performance of official duties and two years of suspended execution in the Jeonju District Court’s branch court’s branch court, and the judgment became final and conclusive on November 14, 2018.

【Criminal Facts】

At around 22:55 on May 24, 2019, the Defendant: (a) committed assault against the victim C (the age of 48) by using two kitchen-blades (not less than 33cm in total length), which are dangerous things in his/her mind that he/she would inflict harm on himself/herself; and (b) assaulting the victim C (the age of 48) who was walking a corridor in his/her hand, who tried to prevent the burine door; and (c) who was in his/her hand in his/her hand, tried to walk the victim with the same kitchen-blade.

Summary of Evidence

Records of seizure D’s written statement of the police protocol of the police interrogation protocol against the defendant, and photographs and CCTVs related to seizure list;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and personal confinement;

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 applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.

3. Determination of sentence: The defendant, four months of imprisonment with prison labor, assaulted the victim with a knife, and the method of committing the crime was dangerous and the motive of the crime is also difficult.

The defendant threatened police officers in 2018, but was sentenced to a judgment ordering suspension of execution of imprisonment and probation for special obstruction of performance of official duties. The crime of this case was committed during the period of suspension of execution.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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