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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3065
특수폭행등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2015, the Defendant committed the crime at around 08:00 on July 16, 2015, at the home of the Defendant’s house located in D Apartment No. 1111 and 301, from the Defendant’s spouse E (her spouse, 45 years old) to be asked for the Defendant’s external issues against the Defendant’s external issues, to see the victim’s left side, to see the Defendant’s solely on the sole hand, and to see the victim’s left face by drinking.

The Defendant continued to have knicked the victim's body, who was deprived of his mind by suffering from shock in his head, flicked the victim's neck with his left hand, and knife (20 cm in length and 30 cm in total length on the day) which is an object dangerous by a knife, and told the victim to "be dead" and "be dead."

Accordingly, the defendant assaulted the victim and threatened him with dangerous objects.

2. On August 21, 2015, around 18:10 on August 21, 2015, the Defendant: (a) around the Defendant’s house as indicated in paragraph (1) around August 21, 2015, around the Defendant’s house, the Defendant collected the Defendant’s fresh, which was in favor of the Defendant, a dangerous object cited by the Defendant’s left hand by putting her husband’s knife in her house, while the victim she wn out his her house.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement made to E and F;

1. Two copies of a photograph at the time of damage;

1. Application of Acts and subordinate statutes of E;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 284, 283(1) (a) (a point of special intimidation) of the Criminal Act, Article 283(1) of the Criminal Act (a point of assault) of the Criminal Act, the selection of imprisonment for each of the following reasons:

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant does not appear to have an attitude of reflection against the defendant. In light of the applicable law and motive of each of the crimes in this case, the issue is the issue.

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