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(영문) 서울남부지방법원 2017.01.20 2016고단4895
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

On August 25, 2016, the Defendant was refused to demand payment of wages from “D” offices located in Guro-gu Seoul Metropolitan Government around 09:20, on the ground that there was no longer demand for payment of wages from the victim E (36 cm). B) The kitchen, which is a dangerous object in a household, is about 17.5 cm in length and 29.5 cm in total, and on the list of seizure and seizure of police records of 16.6 cm in length, which are dangerous objects in a household, (17.5 cm in total length, 16.6 cm in length, 16.6 cm in total, and 30 cm in total, and accordingly the facts constituting an offense are stated in the indictment. However, according to the photograph (55 cm in the evidence record), the day of actual kitchen-blade is 16.6 cm in length and the total length is confirmed to be 30 cm in length).

On the other hand, the victim assaultsd about four times before the victim's clothes and chests.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of E and F;

1. Police seizure records and list of seizure;

1. Photographs (a bank and knife);

1. Application of existing Acts and subordinate statutes of subparagraph 1 of the same Article to the kitchen;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (the occupation of assault against carrying dangerous articles and the choice of imprisonment) concerning the crime;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and the basic area of the crimes of assault (Habitual, repeated, and special assault) (the determination of the recommended area] (the scope of the recommended punishment] from June to October 1/10 [the scope of the recommended punishment] applicable: Article 261 of the Criminal Act (the statutory penalty: January to five years);

2. Circumstances disadvantageous to the determination of sentence: The crime of this case is committed by the defendant by means of using the kitchen knife against the victim, and the risk of committing the crime is heavy and the criminal liability is heavy;

Due to the act of the accused, the victim was faced with a considerable mental impulse and is likely to repeat the crime.

There was no particular recovery of damage.

The defendant's mistake is recognized as favorable circumstances.

be punished in Korea.

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