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(영문) 서울동부지방법원 2016.08.25 2016고단1979
특수폭행
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On June 15, 2016, around 01:20 on June 15, 2016, Defendant A, in combination with the victim B (53 years old) who had a flat eye at the E main point in Gangdong-gu Seoul Metropolitan Government D, and performed drinking, Defendant A abused the victim’s face on the ground of a fluor’s disease, which is a dangerous object on his/her customer.

2. Defendant B, at the time, at the time, and at the place as described in paragraph 1, 1, freshed with a chaired person A (54) who was sitting in, and frighted by, the victim, after cutting away the fluor’s disease with the fluor, she laid down the fluor’s body on the fluor, laid down the neck on the fluor, laid down the body part on his hand, and laid down the part on the fluor’s body part on the hand, and laid down a

Summary of Evidence

[Defendant A]

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Investigation report (related to the submission of a written statement of the person concerned) / [Defendant B]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to A by the police;

1. Investigation report (related to the submission of a written statement of the person concerned);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 261 of the Criminal Act and Article 260(1) of the Criminal Act; Defendant B who choose to imprisonment: Selection of a fine under Article 257 of the Criminal Act;

1. Defendants to be detained in the workhouse: Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act

1. Defendant A [the scope of the recommended punishment] The sentence shall be imposed in consideration of the following factors: (a) the mitigation area (4 months to one year and two months); (b) the punishment of Defendant A [the person who has been subject to special mitigation] [the sentence] multiple kinds of criminal records; (c) the punishment of Defendant A is not imposed in consideration of the use of dangerous articles; and (d) the imprisonment is selected in consideration of the following: (a) the same crime records after 1998 are only one time; (b) the degree of damage and the agreement with the victim is minor; and (c) the violation of the provision against the victim;

2. The defendant B has no record of punishment for the same crime except for the defendant B who was punished once in 1980.

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