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(영문) 서울북부지방법원 2017.11.09 2017고단3372
특수폭행
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

On September 12, 2017, the Defendant was sentenced to a suspended sentence of one year in the Seoul Northern District Court on six months of imprisonment for the crime of injury, and the judgment became final and conclusive on September 20, 2017.

On April 17, 2017, around 20:30, the Defendant, in front of the D cafeteria located in the Seoul Jung-gu Seoul Metropolitan Government, brought a dispute with H and wage in arrears with the victim E (31 tax), F, G, and H. On the ground that the victim was injured, the Defendant her flat and flatd with the victim and flatd, and her knick, which is a dangerous object in the restaurant, and her knife, her knife, shed into the restaurant, and her knife, knife, flick, and pine.

1. The Doz. Doz.

“The victim was frighten of sound and threatened with the victim.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each statement of G, H and F;

1. On-site and blade photographs;

1. Investigation report (to hear statements from witnesses F, H and G telephone);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the first instance court during the continuance of a criminal suspect A trial), judgment text (Seoul Northern District Court Decision 2017 High Court Decision 2017 High Court Decision 1075), Seoul Northern District Court Decision 2017No 1271, and the results of inquiry into integrated cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: equity in the case of concurrent crimes after Article 37 of the Criminal Act; and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, etc.

- the recognition and reflection of the crimes, and the smooth agreement with the victims, that there are many records of punishment due to the nature of the crime, the poorness, and the crime of violence;

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