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(영문) 창원지방법원 통영지원 2020.06.30 2020고단321
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 2, 2020, the Defendant: (a) was unable to send the victim’s wife D (the 57 years of age) to a general telephone terminal failure; (b) was requested to report a breakdown; and (c) was called to the telephone station, the Defendant used a dangerous object cited by the victim on the ground that the victim continued to speak in the side; and (d) assaulted two times the victim’s head and the part of the luminous bones; (b) continued to have a dispute with the victim, the Defendant threatened the victim by taking her head and the part of the luminous bones, which was a dangerous object on the table.

2. In the same place as before March 2, 2020, at the same time as the preceding paragraph of the preceding paragraph, the Defendant: (a) told the Defendant that the said victim would not be able to engage in funeral services; (b) was about to out of the place, such as assault and intimidation; and (c) took a food knife, which is a dangerous object in the main place of the assault and intimidation; and (d) took the knife the victim’s knife and knife the knife, “the dead person, such as the dead person.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1. A written diagnosis of injury;

1. The application of recording, recording, and recording (D) and CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 261 and 260(1) of the Criminal Act (the point of violence to carry dangerous articles), Articles 284 and 283(1) of the Criminal Act (the point of intimidation to carry dangerous articles) of the same Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment provided for in special intimidation using the strong knife of the punishment and the punishment) among concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence). Violence crime (Type 6) is committed, repeated crime, special assault is committed.

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