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(영문) 수원지방법원 평택지원 2017.11.03 2017고단672
특수폭행
Text

A defendant shall be punished by imprisonment for six 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

On December 2, 2016, the Defendant, at around 15:00, was in de facto marital relationship with the victim D (n, 69 years of age) who was in a de facto marital relationship at the residence of Pyeongtaek-si apartment 210 Dong 403, 2016, brought excessive knife (11cm in length) which is a dangerous object in the port of king, and brought the victim and the victim “grasing off the knife during the night, chewing, hing off” while putting the victim’s head debt in both hands.

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

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Each photograph (the defendant and the defense counsel asserted that the defendant and the defendant alleged that the defendant and the defendant used excessive materials at the time of this case and the defendant did not have any relation to the victim by taking the victim's head debt by hand and by hand, but in full view of each of the above evidence, the above argument is not acceptable since the above facts constituting the crime are sufficiently proven.

1. Articles 261 and 261 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the order to observe the protection [the scope of the recommended punishment] The sentence of sentencing under Article 62-2 of the Criminal Act is 6 types of assault crime (Habitual, repeated, and special assault) [the period from April to February] mitigation area (the person who is subject to special mitigation] : there is a history of being sentenced to a suspended sentence of imprisonment and a fine several times due to a crime related to violence, there is a history of being sentenced to a fine; excessive amount of punishment, which is a dangerous thing for the crime of this case, is used; contrary to favorable circumstances: The victim is not subject to the punishment against the defendant; the victim is not subject to a planned crime; the victim's age, family relation, and criminal history, etc. are sentenced to imprisonment with prison labor for six months; the suspended sentence of imprisonment for two years; and the order to observe the crime is issued as per Disposition.

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