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(영문) 울산지방법원 2018.08.16 2018고단608
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant, on the ground that the victims reported to the police of the police during the victims C and their knife, who were faced with the victim C (15 years of age) and the shoulders on the street side of the Gangnam-gu 14 Gangnam Middle School No. 325, Gangnam-gu, Seoul, Seoul, 14, the Defendant threatened the victims by taking knife the knife (40cm in total length: 26cm in length: 26cm in length), which is a dangerous object in the bitle between the Defendant’s car and the knife of the knife of the victim, and by taking away from the victim’s escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. Application of the police seizure protocol statutes;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that confessions are reflected due to any contingent crime, the fact that the victims have agreed with the victims, and the fact that there is no criminal record exceeding the fine);

1. The part dismissing public prosecution where the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] the mitigated area (4 types of repeated crimes, repeated crimes, special intimidation) / [4 months-1 years] the mitigated area (including special mitigation persons] the punishment not for punishment (including serious efforts to recover damage), or considerable damage has been restored.

1. On February 22, 2018, the Defendant: (a) committed assault against the victim, i.e., the victim C (15 tax) and the shouldered on the street side of the Gangnam-gu 14, Namnam Middle School No. 325-ro, Nam-gu, Ulsan-gu, Ulsan-gu, 325, on the ground that the Defendant faced with the victim, on the part of the victim, at the same time; (b) the victim’s happinessd D, who was the victim of the escape; (c) the victim’s escape “mari-gu, Haok-gu,” and d, who was flading the victim C’s head of the city, and flading the drinking.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent in accordance with Article 260(3) of the Criminal Act.

On June 25, 2018, after the institution of the instant prosecution, a written agreement indicating the victim's intention not to punish the victim was submitted to this court.

Therefore, it is true.

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