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(영문) 서울북부지방법원 2016.12.16 2016고단4541
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on August 17, 2016, the Defendant: (a) putting the victim D (the 26-year-old) with a hump, such as “C convenience store” located in Dongdaemun-gu Seoul, Dongdaemun-gu, and without any justifiable reason, laid the victim’s face by gathering one small hump, leading to the victim’s face; (b) cutting one small hump into the ground of the other small hump, cutting out one small hump on the ground of the hump to the victim’s face; and (c) humping the other small hump to the victim’s face to protect the victim’s face.

Accordingly, the defendant assaulted the victim with a dangerous object as a main disease.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The scope of punishment under Article 6 of the Act on the Suspension of Execution (Habitual Offense, Habitual Offense, Special Violence) is mitigated (4 to one year and two months) [Special Mitigation] [Determination of Sentence] of the mitigated area of punishment (special mitigation] of the defendant, there is no record of being sentenced to heavier punishment than a fine, there is no record of being sentenced heavier than a fine, the victim does not want the punishment of the defendant, the relationship of life of the defendant

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