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(영문) 서울남부지방법원 2016.08.12 2016고단2676

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 31, 2016, around 04:50 on May 31, 2016, the Defendant: (a) told the victim E (26) prior to the elevator of the fifth fifth floor of the Seoul Nam-gu Office Office, that he would die and throw away (30cm in length) before the elevator; and (b) assaulted the victim by using one hand with a knife knife, which is a dangerous thing, toward the victim, on the ground that the Defendant did not engage in personnel management of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. The first and second examination records against the accused, and the second examination records of the suspect;

1. Statement made by the police for E;

1. Investigation report (to hear statements from victims Eline);

1. A report on internal investigation (No. 31 in the evidence list);

1. Recording notes;

1. Data from CCTV photographs (the use of suspect A deadly weapons);

1. Application of CCTV data screen-related statutes;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (the point of special violence and choice of imprisonment) concerning the punishment for the crime; the reason for sentencing;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment [the scope of the recommended punishment] according to the sentencing guidelines, Type 6 (Habitual, Cumulative, Cumulative, Special Violence) [the person who is subject to special sentencing] mitigated factors (the decision in the sphere of recommendation] mitigated areas (the scope of the recommended punishment] from April to February;

2. Circumstances disadvantageous to the determination of sentence: The defendant assaults a victim under the circumstances where he knife knife and knife knife the victim, and the method of committing the crime is heavy and not good; the defendant uses violence by driving away the victim while knife knife knife knife knife knife knife knife knife knife knife knife

The above circumstances, the degree and result of damage, and the defendant's past circumstances after the crime, are the circumstances after the crime. It is hard to accept in light of the form of the CCTV, the attitude of the defendant dealing with the knife, etc.: the agreement with the victim, the degree of injury to the victim, etc.