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(영문) 서울동부지방법원 2020.12.10 2020고단2779
특수폭행
Text

A defendant shall be punished by imprisonment for six 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

On August 8, 2020, at around 00:26, the Defendant: (a) 00:26, and (b) 3, the Defendant 1 and 46 years of age, she had been living together with B, and (c) her talked with B, who took the phone, her desire to take care of the victim; (d) her talked with the victim that “the son who died of the death of the son-child in the width and the son who died of the tin, her seat,” and her talked with the victim.

피고인은 같은 날 04:45경 서울 광진구 D 앞길로 찾아가, 그 곳에 서 있는 피해자와 위 B을 발견하고, 미리 가지고 간 위험한 물건인 부엌칼(전체길이 33cm가량, 칼날길이 20cm가량)을 손에 든 채 피해자를 향해 달려가 오른발로 피해자의 몸통 부위를 2회 걷어찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. B written statements;

1. Records of seizure and the list of seized articles and photographs;

1. 112Report, investigation report (Attachment of cellular phones E and text messages of a suspect), application of Acts and subordinate statutes to investigation report (on-site CCTV video data verification), investigation report (on-site CCTV data verification);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: Taking into account the following factors: The defendant's act of walking the victim who was on the sidewalk with the kitchen knife and on the roadways is highly dangerous; the defendant's act is not taken away from the victim; the defendant's act is recognized and reflects his mistake; the defendant's act is recognized and the defendant's act is not taken into account; there is no penalty power exceeding the fine; the defendant's age, character and conduct, motive, means and consequence of the crime; and the conditions for sentencing as shown in the arguments, such as

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