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(영문) 서울동부지방법원 2016.10.13 2016고단2692

특수폭행

Text

A defendant shall be punished by imprisonment for six 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

On August 9, 2016, around 00:20 on August 9, 2016, the Defendant got the head of the victim by gathering beer disease, which is a dangerous object on the table, and was on the table, on the ground that the victim gets a horse care and acted without a brusing, while drinking and talking with the victim B (50 years of age) who was known at the main points located in the Olympic Games in Gangdong-gu Seoul Metropolitan Government.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to Chapter 1 of the Acts and subordinate statutes to cover shocks and the floor of the beer disease;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Persons who are not subject to the punishment in the area of mitigation (limited to four months of imprisonment or one year or two months from the date of special mitigation) (limited to the punishment of a person subject to special mitigation) of the category six (Habitual, repeated, and special assault) of the crimes of assault;

2. Determination of sentence is an contingent crime under the influence of the determination of sentence, the fact that the victim does not want the punishment by mutual consent with the victim, etc. is advantageous circumstances, or in consideration of the risk of the appearance of the crime in this case and the fact that the defendant has a criminal record of a fine in the same kind;