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(영문) 울산지방법원 2016.11.11 2016고단2473
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2016, around 22:20, the Defendant 202 came to war on the ground that the Defendant’s house of the Defendant No. 202 of the G Building G Building 202 brought about the wife’s H (WW 37 years of age) in the room of the wind.

The Defendant assaulted the victim by having a knife, a knife, a knife, which is a dangerous thing in the kitchen, of the entrance and the bathing room, (the knife of 19.5cm in length), two excessive (the knife of 15cm in length, 10cm in length), one knife (the knife of 19.5cm in length) toward the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Police seizure records;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommended sentencing guidelines (decision of type) types 6 (Habitual, Cumulative, Special Violence) (Special Assaults : Extent of Recommendation): Victims (including the state of 7 months of pregnancy) vulnerable to the crime / [Scope of Recommendation] Imprisonment / From 8 months to 2 years and 4 months (amid the face of 7 months of pregnancy) vulnerable to the crime: A comprehensive comparison and evaluation of the grounds for suspension of execution / Where a person commits a crime by carrying a deadly weapon or other dangerous object, the victim vulnerable to the crime - a victim who is vulnerable to the crime by carrying a deadly weapon or other dangerous object - a victim who is vulnerable to the crime (no physical injury exists: Provided, That it does not exclude mental impulse and pain) - There is no negative general reference reason: There is no positive general reference reason - There is no clear social relation, any contingent crime, serious reflector, no criminal record of suspension of execution or more than a sentence of execution;

2. Details of the crime subject to additional consideration (Provided, That the occurrence of a deadly weapon is likely to be subject to criticism) after the crime is committed in relation to the victim (the victim and his/her residence, and the victim's claim for judicial divorce);

3. Eight months of imprisonment with prison labor and two years of suspended sentence;

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