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(영문) 부산지방법원 2019.02.19 2018고단481
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 15:10 on December 25, 2017, the Defendant: (a) took a bath for the reason that the mother’s father was not opening a door in front of the mother’s residence located in the Busan Jin-gu B building C; (b) was unable to shot the entrance door, etc.; (c) the Defendant was requested from the victim E (34 years of age) and F (33 years of age) who resides in the building D, of the building B, to “absing the front house, so I would like to do so.”

At that time, the defendant, on the ground that he did not open a door and open a door as soon as soon as possible from outside, was fluored by his son, such as booming the knick by his son, and received a check from the victims, and the defendant was able to remove the knife, which is a dangerous object in the inner knife of the knife and knife, and knife the victims.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statements concerning E and F;

1. Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] and the basic area (six months to one year) of the crimes of assault (Habitual, repeated, and special violence) (one year to ten months) shall not be included;

2. The sentence shall be determined as ordered in consideration of all the sentencing conditions, including the following: (a) the call of a knife in order to threaten another person; (b) the character of the crime is bad; (c) the number of criminal records including the force of violent punishment; and (d) the age, character and conduct of the defendant; (d) the motive, means, and results of the crime; and (e) the circumstances after the crime committed;

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