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(영문) 서울서부지방법원 2017.01.25 2016고단2530

특수폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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.

(e).

Reasons

Punishment of the crime

On August 9, 2016, the Defendant, while driving a passenger car in front of Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around 06:30 on August 9, 2016, she resisted the victim C (49 years) with a horn, caused a dispute with the victim C.

Since then, the Defendant, who entered a nearby construction site of the victim C, D, and E, was able to gather bricks, which are dangerous objects located in the victim C, D, and E, and the victim C was able to take one time the right head of the victim C with the brick.

On the other hand, the defendant continued to see the victim D(41) who fright side of the victim D (41) who flicked the defendant one time from the above brick.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Application of Acts and subordinate statutes to photographs of bricks and victims of damage;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 of the Criminal Act concerning the selection 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. The second crime [Scope of the recommended punishment] The crime committed on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution ( favorable circumstances to the reasons for sentencing) (Article 62(1) (Article 62(1) (Article 62(1) (Article 6 of the Criminal Act) (Article 6 of the Act on the Suspension of Execution) (Article 6 of the Act on the Punishment of Violence (Article 6 of April to one year), where the crime was committed on the grounds of mitigation (Article 6 of the Act on the Punishment of Specific Crimes) (Article 6 of the Act on the Punishment of Specific Crimes (Article 62(1) (Article 6 of the Act on the Punishment of Specific Crimes) (Article 6 of the Act on the Punishment of Specific Crimes) (Article 62(1) (Article 6 of the Act on the Punishment of Specific Crimes (Article 62-1 of the Act on the Punishment of Specific Crimes) (Article 6 of the Act on the Punishment of Specific Crimes) (Article 62 of the Act on the Punishment of Specific Crimes): The extent of Specific Punishment of the Victims).