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(영문) 수원지방법원 2018.01.17 2017고단6658
특수폭행
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 19, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Jeonju District Court on May 19, 2017, and on May 27, 2017, the said judgment became final and conclusive and is still under suspension of execution.

On September 2017, the Defendant came to know of the Victim D (W, 38 years of age) through a mobile phone hosting app “C” and ended with the victim. On October 22, 2017, at the home of the victim in Young-gu E in Young-gu, Suwon-si, Suwon-si, the victim took a dispute with another male as a problem, and the victim took a bath for the victim, and the Defendant took a bath for the victim by hand, and boomed the victim's head, and boomed the victim's head, and boomed the victim by drinking.

The Defendant continued to take a knife (32 cm in total length, 20 cm in length) which is a dangerous thing in the kitchen at that place, and violated the Defendant’s arms with the above knife with the knife, bucks and bucks of the victim, and knife the victim’s knife with the hand floor.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to prepare the amnesty with D;

1. Application of Acts and subordinate statutes to the protocol of seizure, list and photograph;

1. Relevant statutory provisions of the Criminal Act and Articles 261 and 260(1) of the Criminal Act regarding criminal facts, as well as the reasons for sentencing (the choice of imprisonment), all of the defendants recognize criminal facts - the circumstances favorable to the punishment of both criminal facts. Unfavorable circumstances - The defendant has the record of having been punished several times for violent crimes, and the criminal law, such as carrying a deadly weapon even in previous crimes, is similar to the principal offense. - The defendant committed the larceny by intrusion upon his/her residence with a deadly weapon on May 2017, even though he/she was sentenced to a suspended sentence for two years, and was committed the principal offense without any reflective nature. - The defendant visited the victim’s residence and carried with a deadly weapon, and thereby, committed violence to the victim. Accordingly, the fear that the victim kiddd by the victim was extremely high. Each of the above crimes appears to have been committed.

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