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서울동부지방법원 2018.09.12 2018고단997

A defendant shall be punished by imprisonment for four months.


Punishment of the crime

The defendant of "2018 Highest 997" is a person who collects and sells the abolition.

On March 18, 2018, at around 10:35, the Defendant assaulted the victim by having the victim E (n, 78 years old) waiting to sell the abolition and by having the Victim E (n, 78 years old) faced with the right hand floor of Songpa-gu Seoul, the Defendant pushed the victim one time with the face part of the victim's face, and breaking the victim over the ground. The Defendant assaulted the victim by having the face part of the victim's face one time with the left hand hand part, and by getting the victim's face part one time with the right hand part of the second right hand part.

around 17:55 on April 18, 2018, the Defendant, “2018 Godan 1535,” used the “mart” accumulated by the Defendant at the Songpa-gu Seoul Frogate parking lot to verify whether there is “mart” owned by the Defendant during the victim G (56 tax) and the “mart” accumulated at this place (for cargo transport).

Therefore, on the ground that the victim resisted the defendant, and caused the "mort" to re-stack the defendant, the defendant used the victim's right shoulder at one time and assaulted the victim with a net (mor approximately 25 cm in length) which is a dangerous object possessed by the defendant.

Summary of Evidence

"2018 Highest 997"

1. Statement by the defendant in court;

1. E in a written statement "2018 high group 1535";

1. Statement by the defendant in court;

1. Application of the statutes governing the G Statements;

1. Penalty provisions: Provisions of Article 260 (1) (Assault), Article 261, and Article 260 (1) (Special Assaults) of the Criminal Act;

1. Aggravation of concurrent crimes: The grounds for sentencing of Articles 37 and 38 of the Criminal Act, in particular, 2018 High Order 1535 cases, where the act was committed and the act was committed is not less exceptionally, and there was no recovery from damage. Since there were many kinds of records of force, both of the cases choose imprisonment, and the above reasons are negative reasons for the suspension of the execution of the entire sentence,