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(영문) 서울북부지방법원 2016.11.04 2016고단3694
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. A special assault Defendant: (a) around 07:0 on March 24, 2016, at around 07:0, assaulted the victim with a dangerous object by setting up two times the parts of the victim’s bridge with Aluminium stick ( approximately 89 centimeters in length) in his/her possession, on the ground that he/she was unable to repay the money that he/she lent to the victim D in front of the mid-gu Seoul Metropolitan Government would be 45 mobilization market C; and (b) he/she did not repay the money that he/she lent to the victim D.

2. Around 15:00 on February 15, 2016, the Defendant assaulted the victim E at a park park of 120 Myeonpho-dong, Jung-gu, Seoul, Jung-gu, 120 Myeonpho-dong, and without any reason, the Defendant: “I see whether I am going to the body of the party; I am back to the body of the victim and walk back to the body of the victim on a hand, and assaulted the victim by walking the Myeonpho-dong of the victim on a hand.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1), and 260 (1) of the Criminal Act that choose the penalty, and imprisonment with prison labor;

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

1. Article 62 of the Criminal Act;

1. A person who has been sentenced to special violence 6 months from April to June of February of the year, or from January to April of the sentencing guidelines (limited to the crime of No. 1 at the market) based on the classification of the reasons for sentencing under Article 62-2 of the Criminal Act: The sentencing guidelines (limited to the crime of No. 1 at the market) from January to April of the year, which are the basis for the classification of the reasons for sentencing under Article 62-2 of the Act on Probation and Order to Attend Education: The sentencing for the mitigation area (4 months to January 1): the sentence for the mitigation area (limited to the crime of No. 1 at the market): the sentence for the mitigation area: imprisonment for one year: imprisonment for a term of 6 months: imprisonment for a term of 2 years: imprisonment for a term of 6 months; imprisonment for a term of 40 hours; a person who has been under probation and order to attend a lecture; a person who has been mitigated by the accumulated punishment power of the disabled in the same type; a confession of victim D; a deposit for victim E (2 at the market level);

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