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(영문) 부산지방법원 2020.06.11 2020고단1411
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

At around 22:00 on January 13, 2020, the Defendant resisted from “C” in front of “C” in Busan Jin-gu, Busan, to the day on which the victim D (the age of 57) did not receive a telephone, and went into control from the victim, and caused the Defendant to go against it, and he carried kn-f ( approximately 7cm in length of the knife, approximately 15cm in total length) as dangerous articles, carried the victim’s face at one time in drinking, carried the above knife, and throw away from the above knife, and went into the victim’s neck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes on photograph of the suspected person's DNA, seized articles and photograph;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] violent crimes [Type 6] repeated offenses and special assault [Special Convicted Persons] mitigated elements: In the area of reduction of punishment [the area of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and February through February 1 and two months;

3. Determination of sentence: The defendant, for six months, has been sentenced to violence-related criminal records, including imprisonment with prison labor, and on October 2, 2018, was sentenced to imprisonment with prison labor for four months, a suspended sentence of two years, and a probation order on October 2, 2018 and committed the crime of this case without being well aware.

The defendant, on the grounds that he was aware of the phone, has been forced to jack knife from the house to the house, and the victim was forced to refrain from the victim on the ground that he was the defendant, and the crime is very poor in the quality of the crime.

However, the fact that the victim does not want the punishment of the defendant shall be considered in favor of the defendant.

(2).

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