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(영문) 서울북부지방법원 2016.04.22 2015고단4783
특수폭행
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2015, Defendant A, at the “E” restaurant located in Gangnam-gu Seoul Metropolitan Government, assaulted the victim B (53 years old) who is a workplace partner and the head of the company labor partnership, who is a dangerous object, during the dispute with the election of the head of the company labor partnership, at around 06:36 on October 31, 2015.

2. Defendant B: (a) around October 31, 2015, around 08:14, at the same place as that of paragraph (1) of the same Article, Defendant B left the victim’s head on one occasion as a small-scale illness, which is a dangerous object from the victim A (56: 56); and (b) made it impossible to identify the number of days of treatment to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of the investigation report (Attachment of a photograph by the suspect's specific time of crime and by cutting a CCTV course) and the photographs of the CCTV to which the photograph attached thereto is taken at the time of dispatch;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 261 and 260(1) of the Criminal Act (elective of imprisonment): Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act;

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Each defendant of probation: Defendant A [the scope of recommendations] for the reasons for sentencing under Article 62(1) of the Criminal Act refers to the defendants [the scope of recommendations] for the sentencing of Article 62(1) of the Criminal Act; Defendant A [the scope of recommendations] for the crime committed by carrying with himself the basic area (two months to ten months) [the person subject to special mitigation] [the scope of recommendations] / dangerous articles; Defendant B [the person subject to special mitigation] for the mitigation area (two months to one year] (two months to one year) of the mitigation area (the scope of recommendations] / [the person subject to special mitigation] is also responsible for the occurrence of the crime or the expansion of damage; if the person committed the crime by carrying articles that are not subject to punishment and carrying dangerous articles, the defendants are against the mistakes of the sentence against each other; the person subject to punishment; the fact and degree of damage caused by the crime in this case; the criminal facts in this case; and the criminal records and relationship between the defendant and his living.

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