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(영문) 서울동부지방법원 2016.04.14 2015고단3755
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 24, 2015, at the parking lot for multi-households located in Songpa-gu Seoul Metropolitan Government on September 20, 2015, the Defendant: (a) heard from the victim D (55 tax) that he would not pay the balance of construction expenses if he would not repair the substitute site of the said house without any defect; (b) made a threat, such as unloading a rail of the said house stairs in front of the victim; and (c) putting the victim into the bottom of the construction work, which is a dangerous object near the said place; and (d) continuously booming the victim’s cabf, which is an object dangerous to a bad hand, and boomed the victim with the victim’s hand.

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

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [Scope of the recommended punishment] Class 6 (Habitual, Cumulative, Cumulative Assault, Special Violence) (4 months to 1 year and 2 months) of the mitigation area (a person subject to special mitigation) is not subject to punishment;

2. In light of the contents of the instant crime, the grounds for sentencing below, and all the factors of sentencing indicated in the records, such as the Defendant’s age, occupation, sex conduct, family relationship, and circumstances before and after the commission of the crime, the victim, who was sentenced to the punishment, shall not be sentenced to the Defendant’s punishment without compensation, and the Defendant, who was sentenced to the punishment by assault on 2014, was sentenced to a fine several times of a fine by assault.

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