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(영문) 서울중앙지방법원 2017.03.10 2016고단9278
폭행등
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

1. Around December 9, 2016, the Defendant assaulted the victim B with the victim’s knife with the victim’s knife who was an employee of Gangnam-gu Seoul Metropolitan Government “D” food located in Gangnam-gu, Seoul. Around December 9, 2016, the Defendant used the victim’s knife part of the victim’s knife with the victim’s knife’s knife who was an employee.

2. A special intimidation: (a) around 05:00 on December 9, 2016, the Defendant spokes the spokes of a woman’s bridge, which is one of the instant “D” food stores outside of the world, and of the victim E (21) who is the customer at the place.

Women's Monoba

The phrase “the victim was able to listen to the speech from the victim to the outside of the restaurant, and expressed the attitude of threatening the victim to cause any harm to the body of the victim by having the iron straw (mor about 24 cm in length), which is a dangerous object in the restaurant, and trying to affix the victim’s face.

3. The Defendant committed assault against the Victim F at the time, time, and place set forth in the above two paragraphs, and assaulted the Victim F (21) with the victim F (21) who committed the act set forth in the above paragraph 2, and the said sub-paragraph 2, by cutting off the victim’s neck on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of B, E, and F;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Article of the Criminal Act and Article 260(1) of the Criminal Act (a) that provides for criminal facts, the choice of punishment (a crime committed in the judgment, a choice of imprisonment), Articles 284 and 283(1) (a) of the Criminal Act (abstinence to carrying dangerous articles as stated in the judgment, and a choice of imprisonment);

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 under Article 62(1) of the Criminal Act is not good, and there is no agreement with the victims, but it reflects the truth by recognizing the crime, there is no criminal record exceeding the fine, contingent crime, and other records and arguments of this case, including the defendant's age, sex behavior, environment, occupation, family relationship, health condition, and circumstances after the crime.

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