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(영문) 의정부지방법원 2018.10.11 2018고단1460
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 12:00 on March 20, 2018, the Defendant told the victim D (the 25 years of age) that he was a de facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto

In this end, the Defendant, with the floor of hand and drinking, boomed twice the face of the victim, and used the kitchen knife (30cm in total length, 19cm in length on the day), which is a dangerous object, in his hand, and used the kitchen knife to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A damaged photograph, deadly weapon or photograph;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. In light of various circumstances, such as the circumstance leading to a crime acknowledged by the evidence duly adopted and investigated by the court, the method and method of the crime, and the defendant’s behavior before and after the crime, the determination of the defendant’s mental and physical disorder as to the relevant criminal facts and Articles 261 and 260(1) of the Criminal Act (the choice of imprisonment) does not seem to have reached a state where the defendant had no or weak ability to discern things at the time of the crime, while under the influence of alcohol, and thus, the defendant did not have the ability to make a decision.

Reasons for sentencing

1. One month to five years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] and the basic area [the scope of the recommended punishment] of the six types of assault crimes (Habitual, repeated, and special assault) [the scope of the recommended punishment] [the scope of the recommended punishment], six months from one year to ten months.

3. The defendant, on behalf of the defendant, appears to have a position to recognize and reflect his/her mistake.

We also recognize the circumstances where the defendant's health is not good.

However, in light of the method and form of the crime of this case, risks, the relationship between the defendant and the victim, etc., the responsibility for the crime of this case is heavy.

The Defendant, while carrying dangerous objects in the past, committed violence against the victim of this case, who is a de facto marital spouse, as a class 2 of intellectual disability.

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