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(영문) 대구지방법원 2017.07.18 2017고단2605
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2016, at the defendant's house located in Daegu Northern-gu C around 08:30 on December 10, 2016, the defendant committed assault against the victim E (the 59-year-old-old), who is a dangerous thing in the kitchen (the blade length of 17cm, the knife of 17cm, the knife length of 13cm) while engaging in a verbal dispute with the victim D (the 34-year-old), which is a dangerous thing in the kitchen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 62(1)1 of the Criminal Act) provides that “The Defendant only asserted against the victim D’s assault and used a knife. However, in light of various circumstances, such as the motive and background leading up to the crime recognized by the evidence duly adopted and investigated by the court, the method and method of the crime, and the Defendant’s act before and after the crime, the Defendant’s crime of this case cannot be deemed as a passive defense to defend the present unfair infringement of his/her legal interest, and thus, the aforementioned

[Grounds for sentencing]

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

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

(a) Class 1 crime (Special Violence) (Scope of Recommendation) (Special Assaults) in the aggravated area (4 months to 1 year): Where a person commits a crime by carrying a deadly weapon or other dangerous articles, and where a person commits a crime by carrying a deadly weapon or other dangerous articles, the mitigation elements of the victim who continues to exist: A person not subject to punishment;

(b) Category 1 (Special Violence) (Special Assaults) in the basic area (2-10 months to 10 months): Where a person commits a crime by carrying a lethal weapon or other dangerous objects, the element of mitigation: the final sentence due to the aggravation of punishment for multiple crimes:

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