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(영문) 서울서부지방법원 2017.06.27 2017고단788
특수폭행
Text

A defendant shall be punished by imprisonment for seven 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 24, 2017, around 01:40, the Defendant: (a) the headline of “D” located in Yongsan-gu Seoul Metropolitan Government “D”; (b) the Defendant’s daily behaviors are victims E (34 years old); (c) the victim F (n, 18 years old); and (d) G, the victim’s seat, “ Tang and Tang, kick-gu, knish.”

As the trial expense was called “,” the victim’s cafeteria came to be a restaurant of the Party A, and the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the defendant committed violence to victims by carrying a knife, a dangerous article.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A protocol of seizure and a list of seizure;

1. A written statement;

1. Application of the Acts and subordinate statutes of seized blades;

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

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. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution is that the act of assaulting the victims is very dangerous and not that of the crime.

However, the fact that the defendant's mistake is divided, and that the victims and the victims have agreed smoothly shall be considered as favorable circumstances, and all kinds of sentencing factors, such as the criminal records, age, sex behavior, environment, etc. of the defendant shall be taken into consideration equally, and the punishment shall be determined as ordered.

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