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(영문) 서울북부지방법원 2016.07.21 2016고단1922
특수폭행
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 April 30, 2016, at around 00:40 on April 30, 2016, the Defendant expressed, without any justifiable reason, the victim E (36 years of age) that “a person must die only once” and collected cement brick (5cm in width and 10cm in length) which is a dangerous thing that had been located therein, and abused the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on shooting of bricks discovered at the site, and field photographs;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Standard of sentencing for sentencing under Article 62-2(1) of the Social Service Order Criminal Act / [the scope of recommending punishment] The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, where the mitigation area (from April to January 1, 200), the mitigation area (including repeated, repeated, and special assault) (including special mitigation), the punishment of a person who is not subject to punishment (including a serious effort to recover damage), or considerable partial damage is recovered.

- The nature of the crime, poorness, and the defendant committed a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) on May 1, 2014, that there was a history of having been sentenced to a suspended sentence of one year for six months, sentenced to a suspended sentence of imprisonment ; the recognition and reflect of the crime; and the victim and the victim merely agree with the victim, thereby not wanting

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