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(영문) 서울북부지방법원 2017.09.26 2017고합280

폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 19:50 on May 19, 2017, the Defendant was under dispute with a person who was under influence of alcohol in the front of the D pharmacy located in Seoul Special Metropolitan City, Nowon-gu, Seoul, from the victim E (n, 32 years of age) who was under dispute with the person under influence of alcohol.

Between the two parts, after hearing the horses “I am Mad. Mad. Mad. Mad. Mad,” the said victims tightly pushed down the said victims on several occasions, cut down the chests into three times, and assaulted the said victims on three occasions.

Then, from the victim FF (22 3) who observed this, “The police has reported it to the police.”

In addition to the word "", the defendant is a year which has passed since the outbreak of weather and the lower year.

Drown shacker shacker

“In doing so, the part of the said victim’s timber was tightly sealed once, and assaulted once at the victim’s price.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness F and E to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. In light of Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Custody, etc. Act (in addition to the instant crime, the Defendant committed a violent crime several times under the influence of alcohol, and the instant crime also appears to have been committed in a state of drinking, etc., the Defendant needs to receive a outpatient treatment as a person with a habit of drinking alcohol, and there is a risk of recidivism.

I think)

Defendant

Judgment on the Defense Counsel's argument

1. Summary of the assertion

A. The victims expressed their desire and assault the Defendant, and the Defendant did not assault the victims.

B. At the time, the Defendant was in a state of mental and physical weakness by drinking alcohol.

2. Results of the jury verdict;

(a) Criminal facts of violence - Seven persons - Not guilty: Ten persons;

(b) Recognition as to whether it is mentally and physically weak - one person - six persons;

3. Determination A.