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(영문) 의정부지방법원 2018.05.16 2017고단4977
특수폭행등
Text

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

1. On September 5, 2017, the Defendant: (a) around 02:30 on September 5, 2017, when 203, the victim C’s residence located in Gyeonggi-gun B, Gyeonggi-do, 203, the Defendant pointed out that E and F, etc., the victim’s residence, performed an act of smoking or leaving tobacco in the above building corridor, stairs, etc.; (b) rather, the Defendant carried the above E and F’s house with a knife (33 cm in length, 20 cm in length on the day) which is a dangerous object in the Defendant’s room, and the knife (20 cm in length) and the knife in the above building’s corridor, carried the fire extinguisher from the victim’s house to the inside of the victim’s house, went into the victim’s room and invaded the victim’s residence, and did not cause any damage to the victim’s market price.

2. At the time and place set forth in paragraph 1, the Defendant assaulted the victim’s knife (33 cm in length, 20 cm in length) in the body of the victim E, which is a dangerous object possessed for the same reason as that of paragraph 1.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E, F, C, and G statement;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 320, 319(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Application of the sentencing criteria;

(a) property damage (a type determination), destruction crime, general standards, type 1 (property damage, etc.);

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