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(영문) 대구지방법원 포항지원 2020.01.16 2019고단1242
특수폭행등
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is in a marital relationship with the victim B (or both, 39 years of age).

In 2015, the Defendant committed assault by the victim’s house located in Nam-gu, Nam-gu, Sinpo-si, on the ground that the victim would have avoided her talks without drinking, and by taking a knife that is a dangerous object in the kitchen, the victim’s knife and knife in the victim’s knife and knife in the victim’s knife. The victim knifeed the victim’s knife with the victim’s hand, followed the victim’s face by drinking, followed the victim’s body by drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Imprisonment);

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. The decision-making process and results of the crime of sentence, the probation shall be suspended on condition that probation is added only once, taking into account all the circumstances, including the following: (a) the fact that the defendant is against the wrongness of the defendant; (b) the fact that the victim and the defendant have agreed smoothly with the victim; and (c) the fact that the defendant has no record of being sentenced to imprisonment, and (d) the health and environment of the defendant;

Public Prosecution Rejection Parts

1. The summary of this part of the facts charged is as follows: "The defendant is the injured party B (n.e., the injured party).

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