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(영문) 서울남부지방법원 2018.03.27 2018고단357
폭행등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 16:50 on January 16, 2018, the Defendant was investigated by the police in the case of assaulting the victim E, and was tried to reach an agreement on January 19, 2018, on the ground that the Defendant was refused to reach an agreement on the victim around 19:30 on January 19, 2018, and was in possession of about 20:40 on the same day, and sustained approximately 1 cm on the left side of the victim with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as heat, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Washing photographs inside the laundry house and photographs showing the identity of the victim in the upper part of the victim;

1. Existing existence of one blade (No. 1) seized;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include the same criminal records.

In light of the motive and circumstance of the crime, the risk of the method of the crime, etc., the victim is injured by knife on the ground that the victim was refused to reach an agreement after assaulting the victim.

However, it is considered that the injured party does not want the punishment of the defendant in agreement with the injured party.

In addition, the sentencing conditions, such as the age, sex, environment, etc. of the accused, shall be considered.

Rejection of Public Prosecution

1. The Defendant charged with violence on January 16, 2018, on the street room operated by the victim E on the 16:50th floor in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, on the ground that the Defendant’s use of the second floor female toilets of the laundry building in question was prevented by the victim’s wife and the victim’s laundry disputes.

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