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(영문) 의정부지방법원 2018.01.04 2017고단3761
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 in a de facto marital relationship with the victim B (V, 56 years of age).

On July 3, 2017, the Defendant is doubtful that the victim had the wind with another male at his house located in Guri-si C and 302 on July 3, 2017, and the Defendant is suspected of having the wind with the other male, and the Defendant “Woo who is flap, flap and flap and flown.”

The victim's left side knife, which is a dangerous object on the tables, has been threatened with a knife by hand, as the victim's head is affected, and the victim's left side knife has continued to be knife one time by drinking.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to report on investigation (the call of any suspect and witness);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of various circumstances, such as the circumstance leading up to the crime acknowledged by the evidence duly adopted and investigated by the court, the method and method of the crime, and the Defendant’s act before and after the crime, the judgment on the Defendant’s mental and physical disorder under Article 62-2 of the Criminal Act is difficult to deem that the Defendant had no or weak ability to discern things at the time of the crime.

Reasons for sentencing

1. One month to five years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Class 6 (Habitual, Cumulative, and Special Violence) (Special Sentencing Persons): Reduction element of punishment: Reduction area [Determination in the sphere of recommendation] mitigation area [the scope of recommendation] of punishment, 4 months to 1 year and 2 months.

3. Determination of sentence shall be made within the scope of recommended sentencing criteria in consideration of various circumstances shown in the arguments in this case, such as the conditions under which the sentence is determined, and the age, sex, environment, and circumstances before and after the crime.

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