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(영문) 수원지방법원 여주지원 2017.08.11 2017고단272
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2016, the Defendant: (a) 11:40 on October 22, 2016, the 2017 Highest 272 Defendant: (b) had a knife, which is a dangerous object, enter the victim C (50 years of age) and the victim’s body fighting on the front side of the 31st-ro, Echeon-si; (c) had a knife near the knife, and (d) throw the knife with the knife while carrying the knife.

“In doing so, the victim knife knife has knife with the victim, and the victim prevented the victim from knife with plastics.

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

around 02:51 on February 12, 2017, the Defendant: (a) reported that he/she did not speak to H in the F office located in Leecheon-si, Leecheon-si, with the victim G (56 years of age) while blocking him/her; (b) Gab (27cm in total length, 15cm in length on the day) which is a dangerous object located in the tables inside the office; and (c) reported that he/she would throw away snow from the victim.

“.....”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

[2017 Highest 272]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning C’s statement);

1. A protocol concerning the interrogation of suspect C by the police;

1. Police seizure protocol (2017 Senior Order 405);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 284, 283(1) (a) (a point of special intimidation) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and order to provide community service and attend lectures;

1. The scope of punishment: Imprisonment with prison labor for one month or for ten years and six months;

2. The scope of the sentence recommended on the sentencing guidelines shall be one crime [the scope of the recommended sentence].

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