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(영문) 서울북부지방법원 2016.02.03 2015고단3613
특수폭행
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized knife knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant was sentenced to two years of imprisonment and a fine of two hundred million won for violating the Trademark Act at the Seoul High Court (Seoul High Court) and was released on November 30, 2012 during the execution of the sentence at the Seoul Detention Center, and the parole period passed on April 20, 2013.

On July 14, 2015, at the entrance of the defendant's house located in Dongdaemun-gu Seoul Metropolitan Government DGra 403 on July 14, 2015, on the ground that the defendant delayed delivery of the victim E (28 years old) with the victim's breath, "Ping, Chewing, and so late," and used the victim's knife (18cm in length, 30cm in total length), which is a dangerous object in the kitchen, and used the victim's breathm in drinking, and used the victim's breathm in drinking, with the victim's breath.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspects of E;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal identification, and application of Acts and subordinate statutes verifying expropriation;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant used a knife on the ground that he wanted to the defendant by the injured person, etc., and applied him to the entrance of his house and the injured person to the emergency exit. In an emergency exit, the defendant was scambling a knife with the rear gun toward the defendant who was scaming, scaming, etc., and the knife with the knife back to the house, and reported the knife to the police after reporting the knife to the police, and committed violence, such as taking a knife with the victim's knife back to the entrance of the defendant, taking into account the circumstances, methods, attitudes, etc. of the crime of this case, and even if the defendant was at the scene at the time of the crime, the defendant denied the fact that he was knifeing.

As the defendant is consistent with G with false statements, there is no reflective light.

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