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(영문) 의정부지방법원 2018.01.31 2017고단4646
특수폭행
Text

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for a special intimidation at the Jung-gu District Court on August 16, 2017, and the said judgment became final and conclusive on August 24, 2017, and is currently under the suspended sentence.

[Criminal facts]

1. On October 10, 2017, the Defendant: (a) on the ground that the Victim E (47 3) told the Victim E (hereinafter “D”) before Sacheon-si Co., Ltd. around 12:05 on October 10, 2017; and (b) on the ground that the Defendant: (c) on the ground that the Defendant tolded the Victim E (47 3) before the Victim Co., Ltd.; (d) on the ground that the Defendant: (a) the Defendant: (a) the Defendant: (a) the Defendant: (b) the Defendant: (a) sacricked the Victim; (b) the softened the Victim’s disease; and (b) the softened the Victim’s disease, which is a dangerous object in Schlage; and (c) the Victim’s disease, which is a factory located in Sacheon-si; (b) the Defendant followed the Victim’s escape; and (c) the Defendant shall kill and throw away the Victim.

Assaults the victim, such as taking a bath for the deceased;

2. From October 16:15, 2017, around 16:15, the victim was arrested and investigated in the act of committing an act of committing an offense, such as Paragraph 1, before the victim, and the victim was assaulted with dangerous objects, such as the victim’s price on his/her bridge, as the victim was arrested and investigated in the act of committing an offense.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. 112 Reports of the processing of reported cases, and photographs at each site;

1. Previous convictions in judgment: Investigation report (the fact during the period of suspension of execution and the attachment report on the records of the same kind of crime - Application of Acts and subordinate statutes to the prosecution case);

1. Article 261 of the Criminal Act and Articles 260 (1) of the same Act concerning the relevant legal provisions and the choice of punishment for the crimes;

1. The first sentence of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the purpose of sentencing [the scope of recommending] the basic area (from June to January to October), (the scope of recommending punishment] of Article 2 of the Criminal Act for which no person is subject to the special sentencing [the scope of recommending punishment] is the basic area (from June to October) of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the purpose of sentencing [the scope of recommending punishment] of Article 6 of the Criminal Act for the crime of assault (Habitual, repeated, and special assault) [the person who is subject to special sentencing].

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