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(영문) 인천지방법원 부천지원 2017.03.24 2017고합16
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. A special assault: (a) on January 27, 2017, the Defendant assaulted the wife at one time on the left-hand head of the wife, as the wife victim D (n, 49 years of age) only drinks and drinking together, within the Defendant’s residence of Busan Building 601, Seocheon-si, 2017.

2. The Defendant who attempted to commit fire to the suspender building shall be entitled to “(c)” for the same reason at the same time and place as the entry in paragraph 1.

The death will be discarded.

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Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

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

1. Photographss of damaged parts of the victim and photographs of the fire prevention site;

1. Investigation report (No. 3 No. 5 of the evidence list);

1. Application of the existing Acts and subordinate statutes of one Rater (No. 1) seized;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a special assault, choice of imprisonment), Articles 174 and 164(1) (a) of the Criminal Act concerning the crime (a person who attempted to commit fire to the present main building, and choice of imprisonment with prison labor);

1. Article 25(2) and Article 55(1)3 of the Criminal Act (with respect to the attempts to prevent any building or any fire on the studio, as indicated in the judgment) to be mitigated by Act;

1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. The sentencing guidelines do not apply to cases where the reasons for sentencing are set in Article 48(1)1 of the Criminal Act and the unestablished crimes are concurrent.

The defendant was aware that his wife was drinking only.

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