(영문) 서울북부지방법원 2016.06.24 2016고단1678

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(영문) 서울북부지방법원 2016.06.24 2016고단1678

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around 22:05 on April 18, 2016, carried a saw (the total of 27cm and 21cc in length on the day) which is a dangerous object, and found the victim, on the ground that the Defendant was unable to receive the payment of the money lent to the victim C (56 years) at the home of the victim C (56 years) located in Dongdaemun-gu Seoul Metropolitan Government.

The saw saw the victim's balp, which was carried out by the left hand, and caused the victim to balp, and then saw the victim's balp and saw the victim's balp to the victim's balp, and "the deceased as he saw in Han River."

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the police seizure protocol statutes;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment ] 6 types of assault crimes (Habitual, repeated crime, special assault) [the person who is subject to special mitigation] / [the decision of sentence] is against the defendant / [the decision of sentence] / there is no record of punishment for the same kind of crime, the victim did not want the punishment of the defendant / The defendant does not want the punishment. The punishment of the crime of this case is determined as ordered by taking into account the motive of the crime of this case, the living relationship of the defendant, etc.

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