Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Majority Offense] Case: The judgment that interfered with the performance of official duties by the Seoul Northern District Court on November 21, 2014: Imprisonment with prison labor for eight months: July 30, 2015; the period of parole on September 30, 2015 / [criminal facts] the Defendant began with his/her living together around 2010 and completed a report of marriage at around December 2015.
피고인은 2016. 4. 5. 16:40 경 서울 노원구 D 빌라 204호 피고인의 주거지에서, 막걸리를 마시던 중, 피해자가 술 좀 그만 마시라고 했다는 이유로 격분하여, 피해자에게 “야 이, 씨발 년 아”, “ 니 년 때문에 감옥 가서 전과자 되었다”, “ 개 같은 년 아” 라고 말하며 양손으로 피해자의 멱살을 잡아 바닥에 넘어뜨리고, 부엌 싱크대 위에 있던 위험한 물건인 과도( 총 길이 : 약 22cm. 칼날 길이 : 약 11cm )를 가지고 와 피해자의 배 부위를 3 회 쿡쿡 찔렀다.
Accordingly, the defendant carried dangerous objects and committed violence to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (Punishment of imprisonment);
1. Sentencing sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: Special assault 6 months based on the aggravated reduction of the types of punishment between April and June of February, 1 to October, 2, and April (special assault for habitual repeated crimes): The sentencing guidelines (special assault for repeated repeated crimes): the recommendation of mitigation factors (non-prosecution of punishment): General sentencing factors (from April to January 1) in the mitigation area (from January 2): The sentence for one year sentenced to the aggravated punishment: A person who is subject to the aggravated punishment of ten months: A repeated crime, the possibility of occurrence of serious consequence, etc.; confession, the victim's non-prosecution of punishment, etc.