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(영문) 서울중앙지방법원 2017.01.25 2016고단6115
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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(49 tax) of Jongno-gu Seoul Metropolitan Government 6115 are those who work together in the D cafeteria located in Jongno-gu Seoul Metropolitan Government.

At around 09:30 on August 8, 2016, the Defendant: (a) committed an assault against the victim, such as the victim’s head on the math, 2016, when the victim was in dispute with the cather material loss; (b) the victim’s head on his/her own hand was pushed down with the wall by bating fat; (c) the victim’s head on the cat of the kitchen, which is a dangerous object on the cather; and (d) the victim’s head on the cat; and (e) the victim’s head on one occasion as the catr lessee.

On September 15, 2016, the Defendant: (a) 22:00 on September 15, 2016, the mother in Jindo-gun E, Jindo-do, Jindo-do, who had a friendly dispute with her mother F (59 years old); (b) had a cement block, which is a dangerous object, faced the victim with a dangerous object; (c) had a dangerous object her bed with an empty bed; and (d) had an empty bed with an empty bed, which is a dangerous object, caused the victim’s injury, such as the heat on the right side, the number of days of treatment of which cannot be known to the victim.

Summary of Evidence

"2016 Highest 6115"

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A investigative report (CCTV investigation) 2016 Highest 8144;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (as to attaching on-site photographs);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) is not good in light of the risk, etc. of the method of the relevant crime, but it shall be taken into account, such as the fact that each crime resulted in contingent crimes, the agreement with the victims is relatively minor, the degree of injury is relatively minor, confession and reflection

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