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(영문) 서울서부지방법원 2016.11.24 2016고단3079

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 September 17, 2016, at around 00:34, the Defendant tried to look at the victim’s disease, who had a dangerous object on the table, while drinking together with E, ranran tavern operated by the victim C (n, 61 years of age) in Seodaemun-gu Seoul, and having a dispute with D ranran bar operated by the Defendant, and tried to take care of the victim’s face and to take care of the victim’s glass, which is a dangerous object on the table, while taking the victim’s bath.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The defendant's liability is not easy in light of the following: (a) the mitigation area (Habitual, Habitual, Habitual, and Special Violence) (4-1-2) (special mitigation), the mitigation area (including a serious effort to recover damage) or considerable partial damage (the decision of a sentence / the decision of a sentence / the decision of a sentence / the decision of a sentence ] the possession of dangerous articles, and the fact that there was a record of punishment several times including three times of punishment due to the same crime, etc.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the records and arguments of this case, such as the fact that it appears to lead to the crime of this case, the agreement with the victim, and the fact that the mistake is divided.