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(영문) 서울남부지방법원 2017.11.09 2017고단3136
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

around 21:55 on April 21, 2017, the Defendant: (a) 54-lane 41-14, as the Seoul Yeongdeungpo-gu National Assembly, 54-gild in the rest room for the sunlight, and (b) flicked the victim’s neck by cutting down the victim’s neck with the victim’s flick and flicked hand.

The Defendant committed violence against the victim as above.

around 18:00 on June 26, 2017, the Defendant, at the house of the Defendant and the victim D, in Yeongdeungpo-gu Seoul Metropolitan Government, brought a bath to the victim while drinking alcohol, such as the victim, while drinking the alcohol, and caused the damage to the victim by using the string blade (20cm length, 32cm in total length), which is a dangerous object in the kitchen, from the victim who was in distress, was able to kill the relevant kitchen, and threatened the victim.

The Defendant carried such dangerous objects and threatened the victim.

around September 17:30 on September 9, 2017, the Defendant damaged the market price by breaking up TV marbling, a victim G, on the ground that the Defendant was not able to turn on all TV marries in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

Summary of Evidence

[2017 Highest 3136]

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Voluntary accompanying report, each defendant's photograph (2017 high group 3171);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Protocols of seizure, list of seizure, and photograph of seized articles (2017 order 4436);

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

1. There are many criminal records pertaining to the reasons for sentencing under Article 48(1)1 of the Criminal Act.

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