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(영문) 청주지방법원 2018.01.10 2017고단2013
특수폭행
Text

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

Reasons

Punishment of the crime

On September 16, 2017, at around 07:15, the Defendant: (a) opened a kitchen at the residence of the Defendant in the Cheongju-si Office C and the 2nd floor; (b) opened the Defendant around 02:00 on the same day, and returned money; (c) opened a kitchen at the toilet floor in which the Defendant was the victim; and (d) opened the kitchen at one hand, and opened the kitchen at the other hand, and (e) opened the kitchen (the total length of 32 cm and the blade length of 200 cm) and opened the kitchen in close vicinity of the victim’s clothes; and (e) took the rest of the victim’s hand.

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

Summary of Evidence

Search and seizure of police statements in relation to the defendant's legal statement D, and the application of list kitchens, victims, and residential photography statutes;

1. Article 261 of the Criminal Act, Articles 260(1) of the Criminal Act, the grounds for sentencing of sentence of imprisonment are against the Defendant’s mistake, and the fact that the injured party does not want the Defendant’s punishment upon agreement with the injured party is a favorable reason for sentencing.

However, it is necessary to strictly punish and eradicate crimes of domestic violence that repeatedly uses violence against a person with weak physical conditions. Furthermore, in the past, the Defendant was subject to suspension of indictment by taking the head of the victim into consideration in the ward, and the Defendant was subject to the suspension of indictment by taking the kitchen in 2017, by using violence, such as threatening the victim with the kitchen and threatening the victim in 2017, and committing a crime of this case.

Since the nature of crime is not good and the defendant seems to have no awareness of respect for family or punishment of criminal punishment, the defendant shall be sentenced to punishment.

However, the sentence shall be determined in consideration of the favorable reasons for the sentencing, the degree of damage, the age, sex, environment, etc. of the defendant, together with the sentencing conditions.

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