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(영문) 부산지방법원 2018.07.05 2018고단1176
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

The defendant is the spouse of the victim B (n, 53 years old), and is the father of the victim C (26 years old).

1. A special assault against the victim B: (a) around 02:00 on December 16, 2017, the Defendant used food blades (the total length of 34cm and 20cm length of knife), a dangerous object at the port of the Republic of Korea due to the following reasons: (b) the victim B did not know that the victim B was under the duty of care while drinking alcohol in his/her residence located in Busan-gu Busan-gu, Busan-do; and (c) the divorce does not occur; and (d) the victim B was divingd in his/her body in his/her inner bed.

“One hand while taking a bath, she takes the neck of the said victim, and she took the knife of the knife as the knife of the said victim.

Accordingly, the defendant carried dangerous objects and assaulted the above victim.

2. The Defendant, in relation to the victim C, took the above knife knife of the Defendant’s knife, which was held by the victim C, at the same date and time as indicated in the above 1.3, and at the same place as indicated in the above 1.1.3, carried the victim’s right shouldered with the Defendant on the ground that he did not put the Defendant.

Accordingly, the defendant assaulted the above victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Articles 261, 260 (1) (a) of the Criminal Act applicable to the facts constituting an offense under the relevant Act, and Articles 261, 260 (1) (a point of assault to carry dangerous things, choice of punishment by imprisonment), and 260 (1) (a point of assault and choice of punishment by imprisonment) of the Criminal Act;

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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The first-class crime subject to the sentencing criteria (Scope of recommendations) shall be classified into six types (Habitual, repeated, and special assault);

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