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(영문) 서울남부지방법원 2014.05.20 2014고단645
폭행등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2012, from around 16:30 to 22:00, the Defendant assaulted the victim E (nivers, 49 years of age) who was denied at D Driving Schools on the second floor in Yeongdeungpo-gu Seoul Metropolitan Government, with the 2nd floor, by putting the head into the victim’s tight gate, 3 to 4 times, with the victim’s breath, and 3 to 4 times, with the victim’s flaps, and with the victim’s flaps, and 3 to 4 times, with the victim’s flaps.

2. The Defendant in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) threatened the victim with a knife knife, which is a dangerous object kept in the president room at the same time and place as that of paragraph (1), and with the victim’s knife and with the victim’s knife, “I want to do so. I want to do so by doing so. I want to do so by doing so.

3. From the beginning of November 2012 to the beginning of 22:00 on the same day, the Defendant detained the victim by putting the entrance of the Do driving school out of the Do driving school for the purpose of preventing theft and theft, thereby preventing the victim from leaving the entrance of the Do driving school for about two hours at the Do driving school.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes on monitoring pictures, medical certificate of injury, date of medical treatment, and medical records;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Violences, Article 283 (1) of the Criminal Act, Article 260 (1) and Article 276 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. The defendant has committed a crime that has lost the victim's awareness of the fact of non-wheeledness under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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