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(영문) 서울북부지방법원 2019.09.05 2019고단1708
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 41 years of age) are between the two years of age since March 2018.

1. Around 20:00 on March 19, 2019, the Defendant: (a) knew that the victim C Apartment D was not a entertainment establishment; (b) asked the victim B to do so with the knowledge that the victim was not a entertainment establishment; (c) denied it; and (d) made the rubber net, which is a dangerous object in the house, and (e) made the victim’s hairs, knee and knee, and buckbucks.

Accordingly, the defendant carried a rubber net, which is a dangerous thing, and assaults the victim.

2. Around 01:50 on March 24, 2019, the Defendant suffered special injury: (a) knew of the fact that the victim B was not a entertainment establishment and asked the victim B to do so; (b) denied it; (c) made the victim’s refusal; (d) made the transition (the blade length of 9cm and the total length of 19.5cm) which is a dangerous object in the kitchen, and made the victim’s knife knife one time.

Accordingly, the Defendant carried the excessive amount of goods, which is a dangerous object, and carried the victim's neck who is unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of 112 Report List) and 112 Report Processing Statements, investigation reports (in the event of visit by the victim B hospital), investigation reports (in the event of visit by the victim B hospital), related photographs, investigation reports (in the event of attachment of photographs of the victim body), and rubber cell photographs used by the suspect as criminal tools;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished by a fine for the same kind of crime, and the method and attitude of the crime in this case.

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