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(영문) 서울북부지방법원 2020.05.28 2020고단710
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around 19:40 on September 29, 2019, the Defendant divided the victim’s right face level on the ground that he/she would be prevented from drinking at “C” stores located in Dongdaemun-gu Seoul Metropolitan Government, and on the ground that he/she would be prevented from drinking together with the victim D(52 years of age) while drinking alcohol.

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

At around 19:25 on March 1, 2020, the Defendant, “200 Man-Ma880, the Defendant,” from the victim G (Nam, 76 years of age) to the F cafeteria located in Dongdaemun-gu, Seoul, that the Defendant kids the Defendant’s daily operation from the Defendant’s “Is to the public place, it is too serious.................., the Defendant was threatened by the Defendant’s head to the Defendant’s disease, which is a dangerous object on the teb, with the Defendant’s body attached on the teb..........., the Defendant threatened the Defendant “Is to the death of this chrone”.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning D and G;

1. A H statement;

1. Each photograph (on-site photograph, victim photograph, and criminal tools photograph);

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Appointment of special intimidation and choice of imprisonment), and 261 and 260(1) (Appointment of special violence and choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

B. Second (Determination of type) violent crimes (special assault). The assault crime [Type 6], repeated crime, special assault.

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