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(영문) 서울북부지방법원 2016.05.24 2016고단714
특수폭행등
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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court, which became final and conclusive on January 15, 2016.

On January 11, 2016, at around 11:50, the Defendant: (a) was frightened from D Hospital 6 D Hospital C in Jungdong-gu Seoul Central District on the ground that the Defendant was frightened to the victim E, a patient of the same hospital, and was frightened by the Defendant on the ground that he was rejected from the victim E (24).

The debrison assaulted the above E's hand, etc. at one time, and the face of the victim F(22 tax) who reads on the side was stamped as a debris, and debrised into the debris.

As a result, the defendant assaulted the victim E while carrying dangerous objects, and put the victim F in a heart where the victim F requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to F and E;

1. Photographs (Nos. 2 and 6 in list of evidence);

1. Medical certificate (No. 7 No. 5 of the evidence list);

1. A report on the occurrence of violence;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports (transfer and confirmation of suspect-related cases in trial) and other Acts and subordinate statutes;

1. Article 258-2 and Article 261 of the Criminal Code provides only the “Article 258-2 and Article 261 of the Criminal Code.” In light of the facts charged, it is evident that the “after” Article 258-2 of the Criminal Code, Article 260(1) of the “after” Article 260(1) of the “after” is omitted.

Articles 258-2(1), 257(1)(special injury), 261, and 260(1)(special violence and choice of imprisonment) of the Criminal Act (special violence and choice of punishment)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. The scope of punishment recommended according to the sentencing criteria; and

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