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서울남부지방법원 2017.11.24 2017고단1329
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

On February 21, 2017, the Defendant: (a) around 07:22 on February 21, 2017, at the site of removal of the building located in Geumcheon-gu Seoul Metropolitan Government; and (b) on the issue of distribution of waste collection vehicles, he/she brought about a dispute with the victim H (39 years of age).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. A H statement;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Criteria for sentencing [Scope of recommended punishment] Type 6 (Habitual, Cumulative, Cumulative Assaults) (Special Assaults) basic area (from June to October) / None of special sentencing persons);

2. Determination of sentence, circumstances leading to the crime, degree of assault, the fact that the victim expresses his/her intention not to punish the defendant, the record of the crime (as near 15 times there exists a past record of criminal punishment), circumstances after the crime, and other conditions of sentencing. The part dismissing the public prosecution (Assault)

1. The summary of the facts charged: (a) around February 21, 2017, the Defendant committed assaulting the victim’s head on two occasions on the part of his hand, on the ground that, at the site of demolition of a building located in Geumcheon-gu Seoul Metropolitan Government (07:22, the victim I (47: ) of the above H’s Dong fee victim I (47) was removed and the back was laid down.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (1) and (3) of the Criminal Act;

B. After the prosecution of this case, the injured person expressed his intention not to punish the accused.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;