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(영문) 서울중앙지방법원 2019.03.12 2019고단406
폭행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant completed the marriage report around May 198 with the victim B (the 53 years old and the 53 years old and the 53 years old and the knife of the victim's knife due to the ordinary property problem.

1. On January 11, 2019, at around 23:30 on January 11, 201, the Defendant: (a) the victim returned home from the Defendant’s house xxxxxxxx of the Seocho-gu Seoul Metropolitan Government building C, and tried to find a knife from the kitchen and the kitchen; (b) the victim was unable to find the knife by hiding the knife, and (c) the victim was able to cut off the knife and connect gas by using the knife, thereby threatening the victim.

2. The Defendant assaulted the victim at the same time and at the same place as the preceding paragraph of the assault, such as the defect in which the victim was frighted to open the door in order to get out of, and the victim was towed by a less part of the victim, and as the victim escaped from the part of the victim, two times as the victim escaped from the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written statements of D;

1. Investigation report (the No. 13 of the evidence list);

1. 112. List of reported cases;

1. Application of statutes on site photographs;

1. Relevant Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 (Notice of Punishment) Crimes (Notice of Intimidation). Intimidations [Class 1] General Intimidation (Special Aggravation of Punishment): Aggravating (Special Aggravation of Punishment): Aggravating area of crimes [in the area of recommendations and recommendations] by carrying dangerous objects, and April to June;

(b) Second crimes (Assault).

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