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(영문) 서울북부지방법원 2018.11.29 2018고단4190

특수폭행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2018, around 17:30, the Defendant, at around 17:30 on the road of the “O convenience store” located in Dobong-gu Seoul Metropolitan Government, was punished by a person whose name is not known, and a person who franched from the victim C (48 years of age). As the Defendant was removed from the victim C, the Defendant used the kitchen knife (19cc in length of the knife), which is a dangerous thing, for the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of each statute on photographs;

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

1. Although the contents of the crime committed with a deadly weapon for sentencing under Article 62(1) of the suspended sentence sentence under Article 62(1) of the Criminal Act are among the crimes committed with a deadly weapon for sentencing, the victim does not want the punishment of the defendant, recognizing and opposing the defendant's mistake, showing a contingent crime, having no record of fines or heavier punishment, and the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered by the sentence, taking into account all the various conditions of sentencing