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(영문) 수원지방법원 성남지원 2018.08.30 2018고단779

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2018, the Defendant: (a) boarded at a subway station at the entrance of South Korean mountain lines of 8 subway lines located in 445, as the Sinnam-si, Sungnam-si around 16:00, the Defendant used the victim’s hair, shoulder, etc. to 4-5 times with the victim’s head and shoulder, etc. using a dangerous plastic acid ( approximately 50cm in length), which is a dangerous object; (b) continuously boarded the subway, and (c) assaulted the victim with dangerous things, such as the victim’s wind and shoulder, shoulder, arms, distribution, etc., around the right side of the victim by continuously boarding the subway; and (d) continuously assaulted the victim with the defect in the foregoing plastic acid.

2. Definating;

A. Defendant 1’s insultd the victim by referring the victim as “for the preceding year, for the year, for the year, for the year, for the year, and for the year, for the year, for the year, and for the two years,” among many and unspecified citizens who use subway at the same place as the above 1.1.

나. 피고인은 2018. 4. 5. 16:20 경 성남시 중원구 성남대로 1147에 있는 지하철 분당선 모란 역 탑승 장에서 지하철을 이용하는 불특정 다수의 시민들이 듣고 있는 가운데 피해자에게 “ 썅 년, 개 같은 년, 씨 벌 년, 미친년, 일부러 시비를 걸고 남자한테 돈 뜯어내려는 꽃뱀 같은 년” 이라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Application of investigation reports (the confirmation of images carried by a victim at the time of committing the crime of the victim-friendly C) and investigation reports (the confirmation of CCTV data at subway boarding places in the direction of subway in the direction of the mother of South Korea) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (a point of special assault) concerning criminal facts, Article 311 of the Criminal Act (a point of insult) and the choice of imprisonment, respectively;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Special cases concerning the promotion, etc. of compensation orders and a judgment of provisional execution;