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(영문) 대구지방법원 안동지원 2020.02.19 2019고단353
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the husband of the Victim B (Min, 46 years of age).

On April 23, 2019, the Defendant expressed the victim’s desire without any particular reason at the Defendant’s residence located in Andong-si C apartment D, Andong-si, and assaulted the victim’s face at a drinking time.

At around 09:10 on September 13, 2019, the Defendant: (a) brought the victim B (here, 47 years of age) (here, her spouse) (here, her spouse) around the Dong-dong C apartment E-dong (here, her spouse) in his/her hand, brought about a washing machine, etc. in the Defendant’s house; (b) brought the knife (33 cm in total length, 21 cm in knife) in his/her hand, which is a dangerous object in his/her back, and threatened with the knife with the knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

"2019 Highest 353"

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. The 2019 Highest 681;

1. Defendant's legal statement;

1. A written statement prepared by B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to four months and six months;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) multiple crimes;

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