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(영문) 수원지방법원 2017.01.19 2016고단7358
특수폭행등
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

The defendant is China, and the victim C (18 tax) and the victim D (18 tax) are Chinese people attending the E Center together with the defendant.

On October 20, 2016, the Defendant: (a) around 12:00, the E Center 5th floor of the E Center, on the ground that the victim C puts wastes into the Defendant’s home room; (b) the victim D, together with the victim D, had his body fightd with the victim C.

1. Special assault Defendant, at the above time and place, disputed with the victim C for the foregoing reasons, and brought a knife (19cc in blades) which is an object dangerous in the main line of the above building, and displayed a knife knife to the victim.

In this respect, the defendant carried a knife, which is a dangerous thing, and assaulted the victim.

2. The Defendant, at the time, at the same time and place as the preceding paragraph, displayed C with a knife knife, such as the preceding paragraph, and continuously lowered the knife part of the victim D’s head, which was next to it, and caused injury to the victim, such as the number of days of the treatment.

Accordingly, the defendant carried a knife, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. On-site photographs and reports on each investigation;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant Article of the Criminal Act and Article 261 of the Criminal Act (the point of special violence, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the crime;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The defense counsel asserts that the instant crime was committed in a state of mental and physical weakness due to Chon's illness, as to the defense counsel's assertion of defense counsel under Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (the following favorable circumstances).

The evidence duly examined is recognized.

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