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(영문) 서울남부지방법원 2016.09.12 2016고단2662
특수폭행
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 9, 2016, Defendant A committed assault, such as, on the ground that, at the main point of “E” located in Gangseo-gu Seoul Metropolitan Government “E”, Defendant (E) with respect to a company business with the victim B (58 cm) who was at work, and was making a dispute with the company, Defendant A committed assault, such as, on the ground that he was at work, at the victim’s seat, the dangerous objects on the depositor, and the face of the victim was taken by drinking.

2. Defendant B, at the same time and place as set forth in paragraph (1), 500cc beer residues, which is a dangerous object on the table, was collected from the victim’s face, and the number of days of treatment cannot be known to the victim, at the same time and place as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a report on investigation (related to listening to the statement by the E business owner), a report on investigation (related to a photograph of damage caused by a suspect A face), a report on investigation (in the face of a assault, CCTV, and a photograph to a caps);

1. Relevant Articles 261 and 260(1) of the Criminal Act (elective of imprisonment): Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act;

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act; and

1. Defendant A

(a) The scope of applicable sentences under law: Imprisonment for one month to five years; and

(b) The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment], the area of mitigation of the punishment, four months to one year and two months; and

(c) Grounds for a stay of execution [major reasons for a stay of execution] positive: Non-taxation for punishment, negative crimes for the same kind of crime (not more than five years, a stay of execution, or a fine not less than three times) (affirmative): Clearing social ties, contingent crimes, serious reflections;

D. The Defendant, who was sentenced to a suspended sentence on August 8, 2014, was sentenced to one year of imprisonment with prison labor for an injury, and the said sentence on the 19th day of the same month.

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