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(영문) 서울중앙지방법원 2017.05.12 2017고단313
폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 25, 2016, at the front of Dongjak-gu Seoul Metropolitan Government, around 16:20 on the grounds that the conduct of the work of the victim D (14) and E (15 years old) who was under guard is slick, the Defendant saw a kacker (10cc in length, 10cc in length, and 1) which is a dangerous object that was under custody in the Defendant’s home and throw away from the victims, while putting the kacker’s knick (10cc in length, knife No. 1).

“In the end, each victim threatened each other.”

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement in each police statement made to D and E;

1. Application of Acts and subordinate statutes to entries in records of seizure and list of seizure;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment for the sentencing guidelines / [type] the scope of the recommended punishment for the sentencing guidelines / [type 4 months] and one year from the imprisonment with prison labor for the mitigated area [special mitigated persons] of the mitigated area (special mitigated persons] of the punishment;

2. In light of the fact that the Defendant had been punished for the same kind of crime even before several times, and that the Defendant’s use of violence against young students without any particular reason is not good, the extent of the Defendant’s use of violence is not limited, and the Defendant’s use of violence is more favorable, and the Defendant’s use of violence is more favorable, and the Defendant’s age, sex, motive of the crime, and circumstances after the crime, etc. are considered in light of the circumstances indicated in the instant pleadings, such as the Defendant’s age, sexual conduct, motive of the crime, and the circumstances after the crime, the sentence is determined as ordered within the scope

Rejection of Public Prosecution

1. The Defendant’s summary of the facts charged is on the following grounds: (a) around November 25, 2016, the Defendant: (b) around the Dongjak-gu Seoul Metropolitan Government (Seoul); and (c) the Defendant’s day-down of the Victim D (14) who was under guard (14) is prone.

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