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(영문) 서울중앙지방법원 2015.12.04 2015고단6165
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 02:50 on July 8, 2015, the Defendant discovered that the victim E (37 years of age) was locked at D’s house, which was a chain relation with the Defendant, in Seocho-gu Seoul Metropolitan Government Ctel 124, and found the victim E (37 years of age), brought the knife in hand the knife (17cc in knife length) which was a dangerous object in which the knife was carried out, and used the knife in hand the knife (17cc in knife length). The Defendant used the knife at hand the victim’s back knife as a dangerous object (12cc in knife length).

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the E substitute part);

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes of blades;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case was committed with a knife, which is a dangerous object, and the nature of the crime was serious, and that it was not agreed with the victim, is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, such as the defendant's confession and reflect on the crime of this case, the fact that the defendant is a contingent crime, the knife of knife or the victim is not about to be injured, and the age, character and conduct, family environment, motive and method of the crime, circumstances after the crime, etc.

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