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(영문) 서울남부지방법원 2018.04.20 2017고단5916

폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On October 25, 2017, the Defendant: (a) boarded a subway train of 2 lines (in the inland-line circulation) operated from the Newdo Forest Station to the Gamdok Station on October 25, 2017; (b) the said train was smoking since the passage of the subway station 2; (c) the victim B (V, 19 years old); (d) while taking a bath for the victim, the Defendant continued to smoke while taking a bath for the victim, and then laid the cigarette butts on the floor of the train after receiving another male port where his name cannot be known.

After that, the defendant listened to the opinion that he would get a cigarette butts from the injured person, and knife the victim's knife at the center of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, 261, and knife the victim's face at 4 times, such as the victim, knife the victim's knife, and knife the victim's face at twice.

The Defendant committed violence against the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations in B and C

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation have been led to confessions by the Defendant and is divided, the case is relatively minor, and the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, were considered.