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(영문) 서울중앙지방법원 2019.05.01 2018고단7478
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. At around 04:45 on August 23, 2018, the Defendant assaulted the victim’s head on one occasion on the ground that the victim D (the age of 43) residing in the same Gosiwon located in the same Gosiwon in Dongjak-gu Seoul Metropolitan Government (C)’s noise in the movement noise in the room, making the victim’s head one time by taking advantage of a dangerous object in his/her location as soon as he/she had a dispute, and subsequently, by taking a fire extinguishing machine, which is a dangerous object in his/her location.

2. A special intimidation: (a) a resident living together with the victim D was assaulted on the same date and at the same time and place as above, and (b) the victim brought about food blades to the extent of 18 cm in length, which is a dangerous object that he had been placed in the same place, by a arbitr and a Gosiwon’s official room; and (c) the victim made intimidation to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocol of seizure, list of seizure and knife photograph;

1. The top part of the victim D;

1. Data from CCTV images;

1. Application of Acts and subordinate statutes to the investigation report (verification of CCTV images);

1. Relevant legal provisions concerning criminal facts, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment, Articles 284 and 283(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes and special assault (Special Violence): Where victims are fully responsible for the occurrence of and the expansion of damage to a crime (Special Punishment): Reduction area of mitigation area (Recommendation area and Recommendation range), imprisonment between February and February;

(b) Class II (Special Intimidation) violent crimes.

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