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(영문) 서울중앙지방법원 2017.01.12 2016고단8616

특수폭행등

Text

A defendant shall be punished by imprisonment for six 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 August 19, 2016, at around 07:50 on August 19, 2016, the Defendant: (a) requested the victim E (hereinafter referred to as “the victim”) to discounting KRW 75,000 from KRW 70,000 to KRW 70,000; (b) however, refusal of the request became a vision and became mutually fighting.

After the fighting of the people in the neighborhood was interrupted, the victim, who entered the Kabter, was threatened with the victim who was living in the Kabter at his own house, and continued to threaten the beer's disease by pushing the victim who was living in the Kabter, and continued to have the beer's disease as the Kabter.

In order to threaten this, the injured party threatened the injured party of the beer's disease and then threatened the victim with the beer's disease at home and again, the injured party was suffering from the beer's left part.

After that, the defendant tried to flee from his own vehicle, and the victim abused the victim by using dangerous objects such as disregarding the victim and driving the vehicle.

2. The Defendant, at the same time and time as above 1 paragraph 1, destroyed the property owned by the victim F owned by the Maurter operator by making the Maurter’s Maurter’s Maurter’s Maurter’s 1.60,000 won in estimate of the Maurter’s Maurter’s Maurter’s Baur’s Baur.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each internal investigation report (related to the attachment of CCTV images to DNA telegraphs, and the addition of CCTV images to DNA telegraphs);

1. Application of Acts and subordinate statutes of E;

1. Articles 261, 260 (1) (a point of special assault, choice of imprisonment), 369 (1), and 366 (a) of the Criminal Act concerning facts constituting an offense (a point of special destruction, choice of imprisonment with prison labor);

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. Determination on the assertion between the defendant and his/her defense counsel under Article 62-2 of the Criminal Act for the observation of protection and observation

1. The gist of the assertion is that the Defendant was suffering from mental illness, such as disability from labor-management and depression, at the time of committing the instant crime.