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(영문) 서울서부지방법원 2019.06.05 2019고단332
특수폭행
Text

Defendant

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

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A’s special assault on October 22, 2018: (a) around 22:50, on the ground that the victim B (son and 43 years of age) was not able to repay the Defendant’s money in front of Eunpyeong-gu Seoul, Seoul, the victim and the Simba, while in the process of the victim and the Simba, did not pay the Defendant money. (b) The Defendant her head was fladding about approximately 30 m in the string of the Defendant’s vehicle.

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

2. Defendant B’s special injury caused the victim’s physical fighting against the victim A’s assault at a time and place as set forth in paragraph (1). While the victim fightings, the victim fightingd the floor, caused the victim’s head as stated in paragraph (1) and caused the victim’s head to satisfy, and caused the victim’s satisfy, and the victim’s head cannot be identified as the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each investigation report (report on the suspect's result of attachment of multi-child photographs and seizure warrants);

1. Application of seized image filecad legislation

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act; the choice of imprisonment

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the community service order (the defendants A);

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. Determination of sentence: Imprisonment;

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