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(영문) 서울남부지방법원 2016.11.09 2016고단4253
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 15:00 on August 23, 2016, the Defendant assaulted the victim C (years 42) and drinking in Yeongdeungpo Park, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 20-ro 14, while drinking the victim’s head and drinking by hand without a clear reason.

2. The Defendant was at the same time and place as described in paragraph 1, and the Victim D(74) and the Victim E(51) were at the time and at the same time and place as described in paragraph 1, with each item, which is a dangerous object in which the Defendant was arbitrizes the Defendant, one time the left part of the Victim D, and one time the shoulder of the Victim E.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C and D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs taken by victims;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Crimes of special assault against victims E [decision of types] Crimes of assault, repeated crime (type 6] and no person who habitually commits special assault (type 6] [the area of recommendation and the scope of recommendation], the basic area of punishment, six months of imprisonment or more to ten months;

(b) Concurrent Crimes of Type 1: Crimes of special assault against Victims D [Determination of Punishment] Crimes of assault and special assault (Type 6] that there is no person who habitually commits a repeated crime (type 6] (the area of recommendation and the scope of recommendation] basic area, 6 months to 10 months from imprisonment;

(c) Second concurrent crimes: Crimes of assault (determination of types) against Victims C; Crimes of assault (determination of types) committed against Victims; there are no general assault (type 1) [the area of recommendation and the scope of recommendations]; the basic area of punishment; and two months to ten months; and

(d) complying with the standards for handling multiple crimes;

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