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(영문) 서울북부지방법원 2018.04.13 2017고단5792
특수폭행
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On March 28, 2018, the Defendant was sentenced to imprisonment with prison labor for special injury at the Seoul Central District Court for ten months, and the judgment became final and conclusive on April 5, 2018.

On December 1, 2017, around 18:30 on December 1, 2017, the Defendant: (a) put a stig on the wall of the building at the C Hospital located in Dongdaemun-gu Seoul Metropolitan Government C Hospital; and (b) stated that the Defendant would not put the victim D (28 years of age) of the security staff

하자, 노상에 있던 위험한 물건인 돌을 집어 피해자를 향해 2회 던지고, 넘어진 상태에서 발로 피해자의 정강이를 수 회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Attachment of brick photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the text of the judgment and attached indictment);

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That during the suspension period of the execution of the reasons for sentencing of Article 39(1) of the Criminal Code, the punishment as ordered shall be determined by taking into account all the factors of sentencing as stipulated in Article 51 of the Criminal Code, which are shown in the equity in the case of judgment at the same time as the special injury crime as indicated in the final judgment, and the record.

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