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(영문) 전주지방법원 군산지원 2018.02.21 2017고단1599
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

1. On November 27, 2017, around 18:40, the injured Defendant suffered injury to the injured party D(49 years) who had drinking together with the victim D (49 years) who had drinking alcohol at the inside of the residence of 11x C, Sinsan-si B apartment house 4x, Sinsan-si, and around November 27, 2017, after going through the victim's body going beyond the victim's walking with the victim's drinking, the injured party suffered injury, such as dives, etc. requiring approximately two weeks of medical treatment.

2. A special assault Defendant, at the time, and at the place specified in paragraph 1, assaulted the Victim C (57) by taking out the knife knife (33cm in total length, 21cm in length), which is a dangerous object in the kitchen, in which the Defendant was in the kitchen, and using the knife knife knife, to six times the victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Investigation report (Attachment of a written diagnosis of injury to a victim D) - A medical certificate of injury;

1. Reports on internal investigation and the application of Acts and subordinate statutes;

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

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 suspended execution;

1. The first crime for the reason of sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] for the crimes of assault [the scope of punishment] and the second crime for which punishment is not imposed in the mitigated area of six types (Habitual, repeated, and special assault) [the scope of recommended punishment] [the scope of recommendation] for the mitigated area of the first type (2nd to 1th), (2nd) for the mitigated area of punishment (2nd from February), [the person subject to special mitigation] for the mitigated area of the first type (2nd to 1st year): The final sentence scope of punishment for the crimes of the same class [the person subject to punishment] for April to 1st8 [the decision of sentence], but the defendant was punished for the same offense, taking into account the fact that the victim and the defendant agreed to do so, the age of the defendant, circumstances leading to this case, sexual behavior, environment, etc.

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