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(영문) 부산지방법원 서부지원 2017.06.29 2017고단287
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) from around December 2016 to the victim C (51 tax) and from around early 2016, and (b) from March 2017, the Defendant would offer money to the Defendant at the time of his/her teaching service.

However, the defendant and the defendant have not been aware of and had a good appraisal to the victim who has avoided contact with the defendant.

On March 15, 2017, around 20:20 on March 15, 2017, the Defendant: (a) discovered a victim who was under room after having a door to the E’s residence located in Busan Seo-gu; and (b) sought the victim’s “whether or not”.

The body of the victim, which is a dangerous object on the floor of the victim, was 4 to 5 times with the floor of the hand, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, which is a dangerous object on the ground of the victim's knife knife.e., the victim's knife and the victim's head.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police of C and E;

1. Application of the provisions of Acts and subordinate statutes to the kitchen knife and the kitchen knife;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Care, Custody, etc. Act, which is subject to protection observation and treatment order, is not less than the nature of the crime. However, considering the fact that there is no agreement with the victim, there is no significant penalty exceeding the fine, and the motive and circumstance of the crime, etc., it would be necessary to undergo medical treatment, such as depression, under the protection and observation.

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