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(영문) 서울동부지방법원 2017.02.08 2016고단4381

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 28, 2016, around 09:16, the Defendant: (a) committed an assault against the victim C (31 tax) and the field control at the front site of Gangdong-gu Seoul Metropolitan Government apartment building B, Gangdong-gu, as a result of the victim C (31 tax) and the field control; (b) committed an assault against the victim by breabing him/her.

2. The Defendant, a special injury, at the same time and at the same place as Paragraph 1, did not have a part of the victim’s capital by inserting work inserted in which the victim C was able to take a bath and was in possession of a driver who driven away.

As a result, the defendant carried dangerous articles, and carried them, put about about 10 days of treatment on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A medical certificate;

1. Application of evidence, photographs and video Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning criminal facts;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant is subject to a suspended sentence of imprisonment with prison labor, taking full account of the following circumstances: (a) the Defendant’s mistake was divided into account the Defendant’s age, sex, environment, family relationship, motive and consequence of the offense; and (b) other circumstances that form the conditions for the sentencing as shown in the argument of the instant case.