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(영문) 대전지방법원천안지원 2020.08.12 2019고단3120
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a victim B (ma, 38 years of age) and a person who took a school system from the end of October 2019.

At around 17:25 on November 16, 2019, the Defendant, while drinking alcohol with the victim in Seo-gu C Housing D, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant: (a) took care of the victim who was in a dispute with another woman on the ground that the victim loans money from the defendant; (b) took care of the victim who was in a dispute with him/her; and (c) took care of the kitchen knife, which is a dangerous thing in the kitchen; and (d) took care of the victim’s left part.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes, such as a list of seizure, case scene, and photograph of damaged parts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

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

1. The punishment as ordered shall be determined by taking into consideration the following factors: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act: (b) the kitchen knife, which is a dangerous object of the defendant; (c) the offender is bad in the nature of the crime by assaulting the victim; (d) the accused is admitted; (e) the victim does not want the punishment; and (e)

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