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(영문) 서울남부지방법원 2015.12.10 2015고단4434

특수폭행

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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 30, 2015, the Defendant: (a) around 23:47, in a restaurant of “C” located in Gangseo-gu Seoul Metropolitan Government, and (b) without any justifiable reason, obstructed the victim D (51 years of age) who intends to finish meals, and b) took three times by hand the back part of the victim’s head, which is a dangerous object located on the floor, and tried to turn the victim’s face into the victim’s face, thereby leading the victim to the victim. In this case, the Defendant, upon receiving 112 report, tried to take the victim’s head from the victim’s head twice by taking the victim’s head from the drinking, by taking the victim’s head from the police officer who was dispatched after taking the 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

1. Article 261 and Article 260 (1) of the Criminal Act applicable to the crimes;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] Violence (Special Violence): No basic area: June to October (Special Assault) [the sentence] [the decision of sentence] considering the background of the assault in this case, the degree of the exercise of violence, the degree of the exercise of violence in this case, and all the conditions of sentencing as shown in the oral proceedings, including the defendant's age, character and conduct, criminal records, and circumstances after the crime, the suspended sentence of imprisonment was ordered as ordered by the court.

It is so decided as per Disposition for the above reasons.