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(영문) 의정부지방법원 2019.09.05 2018고단1388
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Seized evidence No. 1 shall be confiscated.

An application for compensation order by an applicant for compensation.

Reasons

Punishment of the crime

At around 20:00 on March 22, 2018, the Defendant assaulted the victim on the ground that the victim was found to the above office in order to confirm the fact that the amount to be used as the construction cost was deposited into the real estate office, while conflicted between C warehouse construction site in Namyang-si, C warehouse, and B (36 years of age) and B (36 years of age), the partner and the victim of the said construction, and the use of the construction fund. However, the Defendant assaulted the victim on the ground that the victim was found to the above office in order to confirm the fact that the amount to be used as the construction cost was deposited into the real estate office.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 (Article 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order (the scope of liability for damages is unclear since an applicant for compensation has received and agreed to do so from

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to five years;

2. The scope of recommendations according to the sentencing criteria [decision of types] and the scope of recommendations [specific mitigation] under the category 6 (Habitual Assault) (Special Assaults) (the scope of recommendations] a person not subject to punishment (the scope of recommendations], from 2 months to 1 year and 2 months (the area of mitigation);

3. The Defendant, who was sentenced to sentence, prepared a way up to 20cm in length to prepare it in advance, went to a place where the victim would come to meet or promised with the victim. The Defendant forced the victim to leave the door of the vehicle along with the heavy food, and the victim got out of the open door, and led to three times the victim’s bridge.

The victim seems to have stimulated fear of extreme morality while stimulatedly resisting the defendant to prevent the defendant from stimuling.

The defendant is in the same kind.

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