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(영문) 서울중앙지방법원 2016.09.22 2016고단3462

특수폭행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. A special assault: (a) on September 2015, at the end of 20:0, the Defendant, while drinking alcohol together with the victim F (n, 27 years of age) who was under the influence of drinking alcohol within the Eelel room located in Gyeyang-gu Eelbel-gu, Gyeyang-gu; (b) on the ground that the victim’s drinking alcohol is bad, he forced the victim to get the victim off his clothes; (c) 5 times the victim’s breath with his hand, her son’s breath, her breast with the victim’s breath, and her breath’s breath’s breath, which was a dangerous object after her breathing the breath’s breath on the part of the victim’s breath, he took dangerous things, such as having the victim suffer a fladrative body at a level of about 1c meters on the part of the victim.

2. On May 26, 2016, around 23:00, the injured Defendant: (a) 3 meta-ro 1 line in Jongno-gu Seoul, Jongno-gu, Seoul, 10-5, entered the rest of the said subway station in the subway station for about 40 minutes; (b) taken the victim’s head into the rest of the male-gu and the face of the victim without going through the subway station for about 40 minutes; (c) taken the victim’s head over the floor by putting the victim’s face when drinking; and (d) taken the head of the said victim’s head in the subway station and used the victim’s head in the right direction at one time; (d) taken the head once again; and (e) taken the face of the victim’s face expected at the right right direction; and (e) taken the victim’s head in the middle of the said subway station and taken the victim’s head in need of treatment for approximately 2 weeks during a week.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

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

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 261 of the Criminal Act applicable to the crime and Article 261 of the choice of punishment (the point of law No. 1, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of law No. 2, and the choice of imprisonment);

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

1. The Criminal Act for the observation of protection;