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(영문) 부산지방법원 서부지원 2017.04.24 2017고단78
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Criminal facts

On March 10, 2017, around 03:30 on March 10, 2017, the Defendant: (a) discovered the victim C, and made the Defendant feel to her seat, and (b) made the Defendant feel to her seat, and (c) made the Defendant feel to her seat, on the ground that the victim C was able to see that “I would be able to fluely,” and “I would be fluencing”; (b) fat the fat of the victim; (c) the victim fats the Defendant’s hand and fats with a knif (21cm length on the knife on the knife) that is a dangerous object in his/her dwelling, after flading the Defendant’s hand, and (d) the Defendant fated the knife.

“The face of the victim who said the victim as “ was taken twice as a drinking to the left hand.”

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 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 stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;

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 five years; and

2. Scope of the recommended punishment on the sentencing guidelines: From four months to one year and two months [the type of determination] violent crimes : Six types (Habitual, repeated, and special assault) [person subject to special sentencing] mitigated elements: Reduction area of punishment [the area of recommendation, the scope of the recommended punishment] mitigated range of punishment, four months to one year and two months.

3. The Defendant, who is sentenced to sentence, assaults a knife knife that knife 21cm in length and carried the knife with the knife that knife knife that knife the knife.

Before committing the instant crime, even if the Defendant had already been punished by a fine due to several violent crimes, he again committed the instant crime.

However, the defendant is the victim.

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