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(영문) 수원지방법원 2016.11.17 2016고단4400
특수폭행
Text

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

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

Reasons

Punishment of the crime

At around 02:00 on May 23, 2016, the Defendant: (a) heard the Defendant’s speech to the effect that the Defendant was frightened by drinking television and walking sofacing sofacing the sofac that he was a female living together with C (V, 20 years old); (b) when he was facing the victim’s neck, she was facing the victim’s clothes and chests by drinking and drinking, and then she was facing the victim’s clothes and breasts more than 2:3 times with a blade that is a dangerous object in the kitchen, and was facing the victim and facing the victim into a knck.

In this respect, the defendant carried a knife, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on site photographic materials;

1. Article 261 of the Criminal Act and Articles 261 and 206 (1) of the Criminal Act ( point of special violence) and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The mitigated area (Habitual, Cumulative, Habitual Crimes and Special Violence) [Special Mitigation] [Decision of Sentence] the mitigated area of punishment [Special Mitigation] [Decision of Sentence] in light of the motive and risk of the instant crime, the Defendant was sentenced to a suspended sentence of one year for obstruction of performance of official duties at the Suwon District Court on September 10, 2015, and the judgment becomes final and conclusive on the 18th of the same month (the present suspended period was limited). Considering that the Defendant committed the instant crime during the suspended sentence period, and that the Defendant could have been punished for the same kind of crime, the Defendant’s liability is not easy.

However, considering the fact that the defendant's mistake is against the defendant, and the fact that the victim does not want the punishment of the defendant, the sentencing conditions as shown in the records, such as the defendant's age, character and behavior, environment, motive and circumstances after the crime, etc., are considered.

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