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(영문) 인천지방법원 2015.11.25 2014고단8072
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who was in a de facto marital relationship with a victim B (n, 46 years of age).

On August 11, 2014, at around 23:15, the Defendant, at the house in which the Defendant and the victim live together, committed assault on the part of the victim by gathering the main illness, which is a dangerous weapon on the part of the victim, in the course of dispute over the monetary problem with the victim, the kitchen knife (30cm in length, 18cm in a knife) which had been on the kitchen c-6 201, Incheon, Incheon, and the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Protocols of seizure and the list of seized articles and photographs thereof;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of the recommended sentence for the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year) of the crimes of assault (Habitual, repeated, and special assault) (one month) (one year to ten months) shall not be included;

2. The crime of this case, which was determined to be sentenced, was committed by a person who was in danger of the defendant, and the nature of the crime is not good, the agreement with the victim is not reached, the crime of this case has no record of the same kind or suspension of execution or more, and the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc. shall be determined as ordered by the order.

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