(영문) 서울동부지방법원 2018.10.31 2018고단2602

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(영문) 서울동부지방법원 2018.10.31 2018고단2602

특수폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 23, 2018, the Defendant: (a) around 04:50 on June 23, 2018, at the “E store operated by the victim D’s joint market in Songpa-gu Seoul Metropolitan City B C, on the ground that the victim did not comply with the promise to set a stop saw, the Defendant: (b) taken the victim’s head, face, neck, etc. on a multiple occasions; and (c) threatened the victim with a multi-purpose cover (4cm in the upper end of the day), which is a dangerous object, on the ground that the victim did not comply with the promise to set a stop.

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 D;

1. Investigation report (the transmission of multi-purpose photographs);

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Circumstances unfavorable to the reasons for sentencing of the sentence under Article 261 and Article 260(1) of the Criminal Act relating to the relevant criminal facts, Articles 260(1) of the Act on the Selection of Punishment: The defendant was sentenced to the suspension of the execution of official duties in the Seoul Eastern District Court on January 11, 2017 by two years from the suspension of the execution of imprisonment for the crime of this case on January 19, 2017, which became final and conclusive on January 19, 2017, and committed the crime of this case by carrying multi-purpose guard, which was dangerous goods, even during the suspension of the execution period; the defendant had already been punished one time by the suspension of the execution period; the defendant had already been punished by the suspension of the execution of official duties; favorable circumstances that the victim does not want the punishment of the defendant; the victim is divided into the defendant; the defendant's character and behavior; and the circumstances after the crime, etc., shall be determined in accordance with the order of this case.

참조조문

-형법 제260조 제1항

-형법 제261조

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