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(영문) 서울남부지방법원 2021.01.12 2020고단5839
폭행치상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 17, 2020, the Defendant injured the victim’s injury by assault and assault: (a) around 19:40 on October 17, 202, the Defendant found the victim D (the victim D, 41 years of age) in Gangseo-gu Seoul Metropolitan Government to “E” in the above joint wholesale market where the victim was working for the victim on the ground that he had discussed himself; and (b) made the victim go home to the victim on his own; (c) on one occasion before the flag flag stand outside of the above joint wholesale market, the Defendant sustained the victim’s injury by assaulting the victim, such as selling the victim’s face on a hand several occasions with the victim’s face; and (d) assaulting the victim by having the victim go through the said joint wholesale market, which requires treatment for about two weeks.

2. Special intimidation: (a) the victim, as described in paragraph (1) at the time, at the place specified in paragraph (1) at the victim’s time and place, she saw the victim as her hand a mosium, which is a dangerous object in front of fishery products in the said joint wholesale market (not less than 50cm in total length) and threatened the victim, such as driving away as the victim would be her.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Gagylgraphic photo;

1. Application of Acts and subordinate statutes to report internal death (related to the medical certificate and diagnosis certificate submitted by the victim);

1. Relevant provisions of the Criminal Act concerning the crime, Articles 262, 260(1), 257(1) (the point of causing violence) of the Criminal Act concerning the choice of punishment, Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to six years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Kind of Violence) [No. 2] No person injured by assault (any person subject to special sentencing] (the territory of recommendation and the scope of punishment], the basic area of punishment, four months to two years;

B. Second Crimes (Special Intimidation) (any type of violent crimes).

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