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(영문) 서울남부지방법원 2015.10.08 2015고단2236
폭행등
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

around October 2014, the Defendant, who is a security guard, was dissatisfied with the dissatisfaction that the victim B (the 65-year-old age) broadcasted the cigarette in an apartment, and demanded the victim to keep the date of the security, and requested the victim to look at the guard room from time to time.

1. Around 07:05 on May 13, 2015, the Defendant committed assault against the victim, such as: (a) the Gangseo-gu Seoul Metropolitan Government C apartment guard room stating that the victim does not lose his/her security guards; (b) the victim’s face is written in a man-made part prepared in advance; (c) the victim’s face is taken by hand floor; and (d) the victim was placed in a plastic bag containing a human part.

2. At around 07:35, May 13, 2015, the Defendant threatened the victim by finding again in the said C apartment guard room, and on the ground that the victim does not resign from the security guard, the Defendant: (a) carrying tobacco; and (b) carrying the smoke to the victim’s face; and (c) taking the smoke to the victim’s face, the Defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Act and subordinate statutes to field photographs, investigation reports (CCTV image verification), investigation reports (victim B’s hearing of statements);

1. Relevant Articles of the Criminal Act and violences against the choice of punishment against the crime: Article 260 (1) of the Criminal Act: Article 283 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of the recommended sentences according to the sentencing criteria table;

(a) Basic crimes [Scope of Recommendation] No basic area (two to one year) (special person) of category 1 (General Intimidation) for intimidation;

(b) Concurrent crimes (Scope of recommendations) / Type 1 (General Violence) and the basic area (two to ten months) / None of the concurrent crimes (a special person)

C. Criteria for handling multiple crimes: two months to one year.

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