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(영문) 서울남부지방법원 2019.06.19 2019고단1317

특수폭행등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 14:10 on February 27, 2019, the Defendant used two gates (19cm, 9cm, 9cm, 5.7cm, 5.7cm in height) on both hand, which are dangerous things that the Defendant is towing the Defendant’s vehicle in front of the C towing Vehicle Storage Office located in Seoul, and the Defendant used two gates (19cm, length 9cm, 9cm, and 5.7cm in height) of the Defendant’s vehicle in front of the C towing Vehicle Storage Office located in Seoul, and used one gate to the victim in line with the victim’s face. < Amended by Presidential Decree No. 2042, Feb. 27, 2019; Presidential Decree No. 20688, Feb. 14, 2019>

2. In light of the time and time set forth in paragraph 1, the injured Defendant: (a) saw the breath of the said victim’s breath outside of the above office by hand; and (b) saw the victim’s face going beyond the breath, thereby causing injury to the victim, such as brain spathy that requires treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and D;

1. On-site photographs and video CDs at the scene of crime;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 257 (1) of the Criminal Act ( point of injury) and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed a second offense, even though he/she has been punished several times for the same crime (nine times a fine and two times a suspended sentence).

In light of the means, methods, etc. of crime, the nature of the crime is bad, and the damage was not recovered.

However, the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, family environment, and motive and circumstance of the instant crime, shall be determined as ordered in full view of the following factors: (a) the Defendant generally recognized the crime; (b) there is no specific criminal history after being sentenced to a suspended sentence in around 2013; and (c) contingent crimes; and (d) the Defendant’