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(영문) 서울북부지방법원 2016.08.24 2016고단2547
폭행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized knife shall be confiscated.

Reasons

Punishment of the crime

[2016 Highest 2547] The defendant is living together with the victim C (V, 46 years of age).

On June 12, 2016, around 19:10 on June 12, 2016, the Defendant found the victim's "E" located in Seoul Special Metropolitan City, Nowon-gu, and recommended the victim to drink bread, but was rejected, the Defendant used the victim's clothes, leading the victim to the victim's right shoulder in the future of the teahouse house, leading the victim to the victim's right shoulder by drinking.

[2016 Highest 2693] around 23:00 on June 22, 2016, the Defendant: (a) demanded the victim C in Seoul Special Metropolitan City, Nowon-gu to take a part in the “E”; (b) during drinking, the Defendant visited the victim by hiding the kitchen in his/her residence for the reason that the victim did not comply with the request; (c) the victim was able to take a part in drinking, and (d) the victim was able to take a part in drinking, and (d) the victim was able to take a part in drinking, but the victim did not take part in drinking, but the victim did not take part in drinking, but the kitchen (total length 24 cm, 12 cm, and 12 cm) which is a dangerous thing in his/her possession as above, so that the knicker might have died, and (e) the knicker might have died.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. The defendant's legal statement [2016 highest order 2547];

1. Statement made by the police against C [2016 senior order 2693]

1. Statement made by the police against C;

1. Statement C in the second police interrogation protocol against the accused;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 260(1) of the Criminal Act applicable to the crime (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor as to the crime;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Legal provisions;

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