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(영문) 서울서부지방법원 2017.02.08 2016고단3172
특수폭행치상등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2016, at around 20:20 on October 1, 2016, the Defendant destroyed a 1020,00 won of the said glass window by leaving the chair, which is a dangerous object, at the main point of “D” operated by the victim C in Seodaemun-gu Seoul Metropolitan Government, with a view to destroying the said glass window.

2. The Defendant injured by a special assault: (a) was a person who was killed of iron, which is a dangerous object, at the same time and at a place as the above paragraph, and the said person was in front of the victim E (V, 50 years old) who was in front of the said person, and was in front of the said person in line with the title and shoulder part of the victim E (V, 50 years old) who was in front of the said person; (b) by carrying a dangerous object, the victim was assaulted with the victim, thereby causing the victim to suffer the victim’s eroculation and spons in the right shoulder,

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim Eline);

1. Articles 262, 261, 260 (1), 258-2 (1) (a) and 258-2 (1) of the Criminal Act concerning the crime, and Articles 369 (1) and 366 of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. While the reason for sentencing under Article 62(1) of the Criminal Act (the second sentence being more advantageous to the reason for sentencing) is not less severe, the punishment as ordered by the defendant is determined by taking into account the following various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, degree of damage, circumstance after the crime, etc., that the defendant recognized all of the crimes of this case and simply agreed with the victims, that there was no record of criminal punishment exceeding the fine, that there was no record of criminal punishment, and that there was no other record of criminal punishment exceeding the fine.

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