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(영문) 서울중앙지방법원 2016.01.21 2015고단7120
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2014, the Defendant had a relation between the victim B who works for an entertainment business establishment as an employee and the victim B who works for the entertainment business establishment.

1. On January 27, 2015, the Defendant assaulted the victim by putting the victim with his/her her son at his/her son’s floor up two times with his/her son’s son’s son at his/her residence in Bupyeong-si, Seocheon-si, 2015.

2. Around April 16, 2015, the Defendant threatened the victim by transmitting the victim’s cell phone pictures and cell phone numbers to the victim’s cell phone using the victim’s cell phone at the hospital No. 401 located in Guro-gu Seoul Metropolitan Government Hospital No. 401, and then transmitting the victim’s cell phone numbers to the victim’s father and his father, and then transmitting the victim’s cell phone pictures to the victim’s father and his sibling that “a victim, along with the victim’s b body pictures, spreads the fact that the victim would be working at a entertainment establishment, who is the father and his father of the victim, and

3. On April 19, 2015, at around 01:00, the injured Defendant: (a) committed a dispute with the victim suspected of fully eliminating the victim’s bridge photographs or videos taken by the Defendant at the same location as Paragraph (1) of the same Article; (b) committed an injury on the part of the victim in need of approximately two weeks of treatment; (c) duplicating the victim’s breath, and duplicing the bridge, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to B;

1. A written decision on the examination of injury, a record book, a Kakao Stockholm conversation and output thereof, and a written decision on the disclosure of information (a detailed statement of reported case processing);

1. Application of Acts and subordinate statutes to each investigation report (investigation into the place of the other crime against the suspect and the results of A mobile phone analysis);

1. Relevant legal provisions of the Criminal Act, Articles 260(1), 283(1) and 257(1) of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment for a crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] from February to September 10 of the year (the multiple crime processing criteria).

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