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(영문) 대구지방법원 김천지원 2016.08.24 2016고단498
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 17:20 on February 5, 2016, the Defendant: (a) 17:20, the victim C’s house located in Gumi-si B apartment house 208, 901 (the 54-year old age); (b) on the ground that the Defendant was aware of the Defendant’s wife’s internal combustion relationship by the telephone of the victim who was in an internal relationship with the Defendant, he saw the victim’s head head; (c) in advance, the victim’s knife the body of the victim’s head; and (d) the victim’s knife color (12 cm in the knife length of the knife) prepared in advance, knife the victim’s knife (18 cm in the kitchen at the place where the victim escaped; and (e) the victim’s head knife the victim’s head; and (e) the victim’s knife with the victim’s head at the place where the victim escaped was found.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the police seizure protocol statutes;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48(1)1 of the Confiscation Criminal Act / [Article 48(1)1 of the Confiscation Criminal Act / [Article 48(1)1 of the Confiscation Criminal Act / [a prosecutor is sentenced to forfeiture of one excessive color color (Evidence 1) and one color blade (Evidence 3), but Article 48(1) of the Criminal Act / [a person other than the criminal] can confiscate all or part of the articles that do not belong to the ownership of a person other than the criminal;

According to the records, the above excessive and foodcars used for the crime of this case are clear that they are the actions of the victim C (Evidence Record 21 pages), so the above excessive and foodcars cannot be forfeited from the defendant).

Reasons for sentencing

1. Application of the sentencing criteria [Scope of the recommended punishment] The mitigated area (four months to one year and two months) (special sentencing factors) of six types (Habitual, repeated, repeated, and special violence) shall not be punished;

2. The acts of the accused in the decision of sentence shall be dangerous;

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