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(영문) 부산지방법원 2017.09.27 2017고단4181
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (ma, 47 years old) are married couple.

On June 1, 2017, the Defendant was under the influence of alcohol in the residence of the victim of the Geumcheon-gu Seoul Building 101, Busan, Mung-gu, Busan, and the victim was not aground.

As "", the head of the victim is cut twice by a lid of plastic materials in the main room, and the victim's head is cut twice, and the transition (10cc in length of the blade) which is a dangerous object in the scambling, "the scam." and the part of the back part of the knife has been cut by selling.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] Violence crime Type 6 (Habitual Offense, Cumulative Cumulative Offense, Special Assault) (4 to 1 year and 2 months) where [the person who has been specially mitigated] punishment is not subject to punishment (including efforts to recover damage), or considerable damage has been restored [the decision of sentence], the first offender is a first offender, the victim does not want the punishment of the defendant, and the defendant's home protection case records and other various sentencing conditions are considered, and the sentence shall be determined as ordered.

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