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(영문) 서울중앙지방법원 2018.10.05 2018고단4394
폭행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of assault, etc. at the Seoul Central District Court for ten months on January 23, 2018 and completed the enforcement of the sentence.

1. On June 30, 2018, the Defendant: (a) in front of the D located in Gwanak-gu, Seoul Special Metropolitan City around 13:10 on the street; (b) on the ground that, in his restaurant, the Defendant talked to the purport that he would resolve the drinking value to the Defendant without having any satisfing it into his own letter; and (c) assaulted the victim by booming the breath of the victim’s breath; and (d) twice the breaton.

2. In around 13:20 on June 30, 2018, the Defendant: (a) took the attitude that: (b) the Defendant: (c) took the Defendant’s fluencing away away from the victim, such as the Defendant’s assaulted in Gwanak-gu Seoul Special Metropolitan City F, by taking the Defendant’s fluencing of the fluort of the victim’s fluort of the fluort (21.5cm in total length, 11cm in length); and (d) expressed the Defendant’s fluort of the fluort of the fluort of the fluort of the fluort.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographss damaged and excessive photographs voluntarily submitted;

1. 112 Reporting case handling table;

1. CCTV images related to special intimidation;

1. Previous convictions in judgment: He/she shall apply a reply to inquiry, such as criminal history, report on investigation (A), and recent judgment;

1. Relevant legal provisions of the Criminal Act and Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), Articles 284 and 283(1) (the point of special intimidation and the choice of imprisonment) of the Criminal Act concerning the crime;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. 경합범 가중 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50 조( 형이 더 무거운 특수 협박죄에 정한 형에 경합범 가중) 양형의 이유 ◎ 제 1 범죄 [ 유형의 결정] 폭력 > 협박범죄 > 제 4 유형( 상습 ㆍ 누범 ㆍ 특수 협박) [ 특별 양형 인자]...

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