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(영문) 수원지방법원 성남지원 2017.09.22 2017고단2088
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 6, 2017, the Defendant: (a) thought that the victim D (60) did not have a sense to her; and (b) thought that he/she stolen his/her device distribution technology; and (c) caused the victim to be a F factory in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul.

At around 10:00 on the same day, the Defendant: (a) laid off the above plant, “welth to die”, “welthed the shoulder part of the victim; (b) laid off the victim’s shoulder; (c) cut the knife of the foundation, which is a dangerous object in that place, on the part of the victim; and (d) laid off the victim’s head on one occasion with the knife and let the victim go beyond the floor.

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

2. The Defendant, at the time and place specified in paragraph 1, threatened the victim with the physical body of the victimized person, who was a dangerous object that the victimized person had been in the middle of the floor as seen above, and then kidddd against the damaged person.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes No. 1 of seized evidence;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) and 284, and 283(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with labor;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Basic crimes (the upper limit of the sentencing criteria is higher) - Special assault crimes [the scope of the recommended punishment] 6 types of assault crimes (Habitual, repeated, special assault) (from April to January 1), the mitigation area (including special mitigation persons) (including efforts to recover damage).

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