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(영문) 광주지방법원 목포지원 2019.07.05 2019고단26
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

The defendant and the victim B (the age of 23) are living together for about 10 months due to a year of personnel.

At around 04:00 on November 29, 2018, the Defendant, at the residence of the Defendant located in Yong-gun C, Yong-gun, Yong-gun, Youngnam, committed assault by the Defendant, such as: (a) cutting down the victim’s wallet at excessive (22 cm in total length, 12 cm in length) which is a dangerous object (12 cm in length) in order to prevent the victim from using his/her computer games; and (b) threateninging the victim’s wallet with his/her hand; and (c) continuing to do so.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of internal investigation reports and field photographs-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the occupation of special violence against the crime;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of violent crimes [type 6] the repeated crime, special assault (special assaulted person] mitigated elements: Where the degree of assault is insignificant (type 1, 6, and 7): In cases where the degree of assault is minor (including efforts taken to recover damage), a non-exclusive measure (including efforts taken to recover damage), or a considerable part of damage has been restored (the area of recommendation and the scope of recommendation]; the area of special mitigation; January through December 12;

3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (the first crime and the victim does not want the punishment of the defendant because the victim and the victim have smoothly agreed with the victim).

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