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(영문) 서울북부지방법원 2016.11.02 2015고단4793
특수폭행
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On November 15, 2015, around 07:55 on November 15, 2015, the Defendant deemed that the Defendant was seated with the victim F (17 years of age) who was seated at a convenience store inside the convenience store and took a bath without any particular reason, and her head was discharged from the Defendant’s disease, which is a dangerous object, on one occasion, with the victim’s head.

Accordingly, the defendant assaulted the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. Scope of applicable sentences under law: One month to five years; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is mitigated ( April to January 1), the area of mitigation (including special mitigation), the area of punishment (including serious efforts to recover damage) or considerable damage is recovered.

3. A favorable condition is that there are diseases, such as the fact that the decision of sentence was reached with the victim and the fact that there were diseases, such as the anti-sulfur disorder and alcohol ozone force.

On the other hand, it is very poor that a person who does not have a common sense of face-to-face illness was assaulted in terms of the risk of the act, and the crime was committed by violence on July 5, 2014, with three years of suspended sentence in imprisonment on July 5, 2014, and with 8 million won of fine on October 15, 2015, and the other is disadvantageous to that person who was punished for the same kind of crime.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.

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