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(영문) 대구지방법원 2016.10.18 2016고단3920
특수폭행
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence 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 a death penalty with the victim C (the age of 49) and the victim D (the age of 28). On July 5, 2016, at around 20:10, the Defendant tried to use the knife (the knife length of 20cm, the total length of 32 cm) of dangerous articles in the kitchen while under the influence of alcohol for the reason that ordinary victims and their family members disregard themselves at the Defendant’s residence located in the Glindong-gun, the Defendant tried to use the knife with the knife (the knife length of 20cm, the knife, the knife, the knife) and the knife (the knife) of the knife. The Defendant tried to use the knife with the entrance outside the entrance to prevent the Defendant from leaving the entrance. The Defendant continued to display the knife the knife to the Defendant.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (attached photographs, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

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. Probation under Article 62-2 of the Criminal Act;

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

1. Scope of the recommended punishment according to the sentencing guidelines - Type 1 (Scope of Recommendation) - The mitigated area (4 months to 1 year and 2 months) of the mitigation area (special assault) of Category 6 (Special Violence) [Special Mitigation] - the scope of Recommendation] - the mitigated area (4 months to 1 year and 2 months) of the mitigated area (special assault) of the mitigated area (4 months to 1 year and 2 months) of the mitigated area (special assault), [special mitigated] of the mitigated area (4 months to 1 year and 2 months): April to September;

2. Consideration - Consideration - Consideration - Consideration - Unfavorable circumstances: A previous conviction of a fine of the same kind and a sentence of different punishment.

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