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(영문) 울산지방법원 2016.06.10 2016고단1029
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence 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 was a victim C (V, 50 years of age) and a relationship with a victim.

The Defendant, around February 7, 2016, was living with the victim around 02:25 on February 7, 2016, in Ulsan-gu D 302, and the victim was hedging.

The reason was that it was made.

The Defendant, who was under the influence of alcohol, committed assault by using a knife (33 cm in total length, 18 cm in length) which is a dangerous object in the kitchen, with knife the knife and knife of the victim, knife the knife with the knife and knife of the victim, and knife the victim by t

Accordingly, the defendant committed violence by carrying a knife, a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of the Acts and subordinate statutes on the part of violence and photographs of knife;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of the type of sentencing guidelines: Violence crime Category 6 (Habitual, Cumulative, and Special Assaults): No special sentencing factor - None of the factors of mitigation - The scope of the victim's recommendations (unlimited to punishment): The victim's recommendations: 4 months to 1 year and 2 months (limited to mitigated areas) - there are no aggravated factors: None of the factors of mitigation - The factors of mitigation : A comprehensive comparison and evaluation of the reasons for the suspension of execution - Where a person commits a crime by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object: Where the reason for suspension of execution is comprehensively compared and assessed - Where the person committed a crime by carrying a deadly weapon or other dangerous object: There is no positive reason: There is no negative reason for general consideration - There is no clear social relation - there is no criminal conviction above the suspension of execution.

2. In addition, even on September 3, 2015, the relationship between the Defendant and the victim, and the background leading up to the crime, the Defendant’s harassment, which was punished by a fine of KRW 2 million by threatening the victim, up to the victim’s self-harm by the force of the Defendant, was ordered to take ad hoc measures such as prohibiting access on February 23, 2016, and living together.

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