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(영문) 서울북부지방법원 2020.03.12 2019고단5486
특수폭행등
Text

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

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

Reasons

Punishment of the crime

The defendant is the employer who employs the victim B(24 years of age), and the victim C(24 years of age) is the relative of the victim B.

On September 25, 2019, at around 23:00, the Defendant pointed out the victim B’s business attitude, and took part in the victim’s horse dispute with the victim, and expressed the victim’s desire to “it shall do so.” On September 25, 2019, the Defendant displayed the victim B’s knife with a knife with a knife with a knife with a knife with a knife with a knife with a dangerous object, and displayed the victim B’s knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife.

Accordingly, the defendant assaulted the victim C and carried a dangerous object, and assaulted the victim B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning C and B;

1. Reports on internal investigation (on-site photographs and accompanying photographs), on-site photographs, and each damaged photograph;

1. Application of Acts and subordinate statutes to investigation reports (suspect B and C telephone statements hearing reports);

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) and 260 (1) (a point of violence to carry dangerous articles) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act (in order to prevent recidivism of the accused and to provide the accused with an opportunity to reflect, is not good, and the quality of the crime of this case is not good, and the victim's failure to receive a letter, the possibility of recidivism is high in light of the defendant's past punishment records, the defendant's behavior at the time of committing the crime, the circumstances after committing the crime, etc., which are disadvantageous to the accused

On the other hand, the fact that the defendant is against the law is favorable.

In each of the above circumstances, the sentencing conditions specified in the records and arguments, such as the defendant's age, character and conduct, the environment, and the background of the crime.

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