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(영문) 의정부지방법원 2019.08.20 2019고단2813
특수폭행등
Text

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

Reasons

Punishment of the crime

1. On June 16, 2019, at around 03:30 on June 16, 2019, the Defendant was a victim E (50 years of age) who is the Defendant’s mother, was able to take a bath at the Defendant’s residence in the Dongducheon-si B apartment C, and the Defendant was able to take a buck back with the Defendant’s hand, leading him to the said E’s buck, leading him into the inner part, leading him to the inner part of the said E’s buckbbbbbbs.

The defendant, as soon as he had an emptyer's disease towards the wall of the side of the victim E, and had a knife knife knife knife knife knife knife knife knife E.

Accordingly, the Defendant, carrying with himself an empty son's disease and knife, who is a dangerous object, assaults E.

2. On June 21, 2019, the injured Defendant, while drunkly drinking in the above Defendant’s residence, she was bread to the victim E’s face, and she was bread to the victim’s eye in a snow with which the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to on-site photographs;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 257 (1) of the Criminal Act ( point of injury) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Violence) (Special Contributors): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), reduced area, imprisonment between February and February;

(b) An injury to the general public in the course of a second crime (influence of types) (influence of types), an injury to the general public.

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