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(영문) 서울북부지방법원 2018.02.07 2017고단2367
특수폭행등
Text

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

Reasons

Punishment of the crime

[criminal history] On July 7, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury in the Daegu District Court Kimcheon support and completed the execution of the sentence in the Daegu Prison on January 25, 2017.

[Criminal facts]

1. Around June 15, 2017, around 23:30 on June 15, 2017, the Defendant: (a) committed assault on the part of the victim C(54) who fested alcohol in the same place as the main disease, which is a dangerous object, in the front park located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu 214 (former Dondong); and (b) committed assault against the victim.

2. A special intimidation: (a) the Defendant assaulted the victim at the time and place set forth in paragraph 1; and (b) notified the victim of the said 112 on the ground that the victim reported him/her in 112, and (c) threatened the victim with his/her fluoral disease by putting him/her down in the said part of the said victim’s item “abscination

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (including D's statement);

1. A report on internal investigation (a photo of a studio-proof disease);

1. Previous records of judgment: Application of Acts and subordinate statutes to report previous records of disposition and results of confirmation, and to report criminal investigations (report attached to rulings related to repeated crimes, etc.);

1. Relevant Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Articles 284 and 283(1) (a point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 21 years;

2. A crime subject to the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] Class 1 crime [the scope of the recommended punishment] 6 (Habitual, Cumulative Offense, Special Violence) [the person subject to special sentencing] - Where the mitigated person is not subject to punishment (including serious efforts to recover damage) or considerable damage therefrom, or where considerable damage has been restored to the mitigated person: A person subject to the same repeated offense (excluding the types of habitual and repeated crime among the six types) [the scope of the recommended punishment] Class 2 of the mitigated area (4 months to one year) [the special sentencing person] of the mitigated area (including the person subject to special sentencing] of the same type (excluding the types of repeated and repeated crime, repeated crime, special intimidation).

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