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(영문) 서울남부지방법원 2016.06.08 2015고단3767
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 2015, the Defendant sought to work together with the Victim E (21) who was introduced by the branch of the Defendant on March 2015, and the Victim was in contact with him on the ground that he was not in contact with him, and was in contact with him, the same year.

4. 9. 21:00 that there is a victim in the front way of Gangseo-gu Seoul Metropolitan Government.

The defendant's pro-Japanese G was informed of the victim's location and found the victim as the main place, and the victim opened a door of H vehicle's driver's seat where the victim was sitting, and the knife (20cm in length, 30cm in total length) was knife from the knife knife of the dangerous object in the clothes, and the victim threatened the victim with "spack, spack, spack", and the victim abused the victim's bridge that the victim tried to walk from the vehicle by putting down the back of the victim's knife that did not get out of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and I;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommending punishment] There are no types 6 (Habitual, Cumulative, Cumulative, and Special Violence) (6) basic area (6 months to 10 months) [a person subject to special sentencing] [a person subject to sentence] [a person subject to sentencing] [a person subject to special sentencing] [b] method and content of a crime, such as assaulting a victim with a knife, which is a dangerous object, heavy danger of appearance, failure to reach an agreement with the victim, etc., and the fact that there was a power to be punished for a crime related to violence has not committed a direct assault against the victim by using a knife, which is an unfavorable or dangerous object, the degree of damage caused by assault, and that there is no emphasis on the degree of damage caused by assault, and that there

In addition, the punishment shall be determined as ordered in consideration of various sentencing factors indicated in the records, such as the character, conduct, environment, relationship with the victim, and circumstances before and after the crime.

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