(영문) 인천지방법원 2020.05.01 2019고단6909

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(영문) 인천지방법원 2020.05.01 2019고단6909

특수폭행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 14:40 on January 26, 2019, the Defendant was unable to enter into the victim’s house C, Michuhol-gu Incheon, Michuhol-gu, where the Defendant and the victim B (n, 24 years of age) were living together, and the victim was unable to report 112, and the victim’s head head was opened after leaving the victim’s house as a window, and the victim’s head was coming from the entrance. In other words, the Defendant collected a knife (the total length of 32.5cm, the knife length of 19cc) that was dangerous for the victim’s knife and side part of the victim’s head.

Accordingly, the defendant assaulted the victim in a knife, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. The defendant and his defense counsel's claim against the defendant cannot be established as a special crime of assault since he did not carry the fact that the defendant had a knife at the time of the assault, according to each of the above evidence duly adopted and investigated by the court, he asserted that the defendant and his defense counsel's defense counsel's claim against the defendant were not constituted a special crime of assault. Thus, according to the above evidence, the defendant and his defense counsel's claim against the defendant cannot be accepted.

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is that the defendant committed the instant crime without being able to commit a repeated crime during the period of repeated crime.

The defendant, while denying the crime, shall return the victim during the investigation and make a statement favorable to himself/herself.

참조조문

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