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(영문) 수원지방법원 안양지원 2016.05.27 2016고단110
특수폭행
Text

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

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

The defendant is the spouse of the victim C (V, 53 years old) and the legal spouse who completed the marriage report on December 26, 1994, and is the type of the victim D(42 years old).

At around 01:40 on December 13, 2015, the Defendant: (a) visited the said house to the victim while under the influence of alcohol while being suspected of the male relationship of the victim of Pyeongtaek-gu E; (b) decided that the victim would knee knee kel kel kel knel knel knel knel knel knel knel, but the victim would not respond to this; (c) putting the victim’s knick, which is a dangerous object in the main room (the total length of 22 cm, the length of 12 cm, and No. 1) with his hand, and said, the victim’s knick knick knick knick knick knick knel knick knel knick knel knel knick knel knel knick kn, and found the victim’s left k k.

Accordingly, the defendant committed violence to victims by carrying excessive things.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 of the Criminal Act concerning the selection of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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

1. Application of the sentencing criteria;

(a) The basic area of crimes No. 1 (victims D) (determination of type), violent crimes, assault crimes, and Type No. 6 (Habitual Offense, Habitual Offense, Special Assaults) (the recommended area and the scope of punishment): Imprisonment with prison labor for up to 6 months to 10 months;

(b) 2 offences (victim C).

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