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(영문) 의정부지방법원 2018.05.02 2018고단1097
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On February 6, 2018, the Defendant: (a) returned home from the Defendant’s house located in the Dongbcheon-si B building B around 01:35 on February 6, 2018; and (b) the Victim C (V, 53 years old) was a de facto marriage person, who was a de facto marriage, and returned late to other males.

I think, I think that you will see what you will attend.

"At the time of drinking the victim's face at several times, the victim's face was licked to the victim's face and the number of days of treatment, such as the victim's leep in drafting, was unknown.

2. A special intimidation Defendant has a kitchen knife (No. 1, total length of 28cm, 15cm in length) which is a dangerous thing in the kitchen on the same ground as that described in paragraph 1 at the time and place described in paragraph 1, and has a kitchen knife (a total length of 1, 28cm, 15cm in length) and has a knife the said victim, and “ dead and discarded.

The phrase " was frightened."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of the provisions of Acts and subordinate statutes concerning the use of violence against victims, photographs of the victim, the kitchen of the crime;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommended punishment according to the sentencing guidelines for the Supreme Court]: Class 1 (Special Intimidation) of the Act on the Aggravated Punishment of Concurrent Crimes: Crimes under Article 4 of the Act on the Aggravated Punishment of Crimes (Habitual, Cumulative, Special Intimidation) and the mitigated area (unlimited to punishment, April to one year) (limited to punishment, and the injury) of Article 2 of the Act on the Aggravated Punishment of Concurrent Crimes: The scope of the final sentence according to the mitigated area (non-permanent injury, February to one year) of the total aggravated crimes (limited to the general injury, and one year): From April to June (limited to the decision of sentence] of the Defendant has been punished for multiple violent crimes.

In addition, the victims of this case, who are the spouse of the former spouse and de facto marriage, are assaulted and entered as home protection cases.

The defendant is a victim.

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