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(영문) 제주지방법원 2018.05.30 2017고단3318
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 16:05 on September 20, 2017, the Defendant: (a) divided the conversations with the victim D(78 taxes) within the residence of the Defendant located adjacent to the Defendant in Jeju-si, Jeju-si; (b) had a kitchen, which is a thing dangerous to the blurg, a kitchen (30cm in total length, 19cm in a knife) with a kitchen, which is a thing dangerous to the blurg, and kept the victim's face and body over several times; and (c) had a kitchen, which had been in possession of the victim's knife in the latter part of the blurg.

Accordingly, the defendant assaulted the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of the Acts and subordinate statutes on related photographic data;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the victim does not want the punishment of the defendant by mutual consent with the victim, etc.);

1. Protection observation and treatment order: Article 62-2 of the Criminal Act; Article 44-2 of the Medical Care, Care, Care, etc. Act (a crime committed by a defendant shall be conducted in the state of drinking and there is symptoms that the person himself/herself has a symptoms of falling under the category of p

As stated in the statement, if the defendant does not see the habit and decentralization disorder of drinking alcohol in the future, the risk of recidivism will be increased. Accordingly, the mental and physical treatment of the defendant's alcohol ozone and decentralization disorder, etc. is essential.

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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