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(영문) 서울서부지방법원 2019.05.02 2019고단262
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (the 44 years of age) and the husband of the victim C(the 20 years of age).

1. On January 13, 2019, at around 21:30 on January 13, 2019, the Defendant: (a) expressed the Defendant’s residence in Eunpyeong-gu Seoul Metropolitan Government D branch; (b) expressed the victim B’s desire to “the same age as the Cspawn” to the victim B on the ground that the victim B did not see the victim B; and (c) got the victim into the victim’s bridge; and (d) led the victim’s free cup, which is a dangerous thing, to the victim’s fright to the victim

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

2. Around 06:00 on January 14, 2019, the Defendant made a speech and behavior that would inflict a danger and injury for about 30 minutes to the victims who were in the said residence by putting one knife knife (26cm in length, 36cm in total length) and one knife (15cm in length, 24cm in total length), a dangerous object, in the dwelling area of Eunpyeong-gu Seoul Metropolitan Government D branch, and walking the knife in several times, and “I will open the knife, die, die, and die.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Each statement of B and C;

1. Application of Acts and subordinate statutes to each photograph, record of seizure and list of seizure, list of 112 reported cases, and list of investigation reports (No. 26 through 28 of the evidence list);

1. The point of special violence committed by relevant legal provisions concerning the crime: Articles 261 and 260 (1) of the Criminal Act: Articles 284 and 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (with regard to special intimidation in the market)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reoffending in light of motive, details, etc. of the crime under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody, etc. Act;

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