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(영문) 인천지방법원 2019.02.14 2018고단7168
특수폭행
Text

A defendant shall be punished by imprisonment for six 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

On November 21, 2010, at the defendant's house located in Jung-gu Incheon Metropolitan City on November 21, 2010, the defendant was in harmony because C, the main owner of a single dule, continued to respond to the defendant's telephone or text message, and the victim D (54 years of age) who is the husband of C, was suffering from C, who was the husband of C, received the defendant's telephone, made a severe sexual humiliation against C, and made the victim D and the horse match with C, who was flickly divided into the victim D and flick, she agreed to talk at the tin Sports Park, which is a dangerous thing in the defendant's house ( approximately 30 cm in length, approximately 20 cm in daily length, about 20 cm in daily length).

In addition, at around 22:50 the same day, the defendant arrived at the Seo-gu, Seonam-dong, Incheon, 483 Kannam Sports Park, and took a serious bath to the victims D couple, and took the kitchen knife carrying the kitchen knife while in the city, and flife the kitchen knife several times to the victims D, and the victim E (44 years old) who is the seat of the victim D), flife the kitchen knife from the defendant, and assault the victims by getting off the victim E's right hand by the knife of the kitchen knife of the above kitchen knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Determination of sentence: The crimes of this case committed by the defendant for six months of imprisonment and one year of suspended execution are assaulted by the victims by using the kitchen blades prepared in advance prior to their delivery, but the nature of the crimes is not good. However, if the defendants recognize all of the crimes of this case, they reflect their errors in depth.

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