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(영문) 서울남부지방법원 2019.09.06 2019고단1427

특수폭행등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On March 22, 2017, the Defendant was sentenced to six months of imprisonment for special injury at Seoul Southern District Court, and the said judgment became final and conclusive on September 20, 2017 and completed the execution of the sentence on the same day.

The execution of a sentence is based on the premise of final judgment, and the execution of a sentence is not immediately executed. Thus, even if the defendant was released by the revocation of detention on August 9, 2017, it cannot be deemed that the execution of a sentence is the termination of the execution of a sentence. The above judgment became final and conclusive on September 20, 2017, and the execution of a sentence was terminated.

On November 28, 2018, the Defendant was sentenced to one year of suspension of execution for a crime of assault, etc. in Seoul Southern District Court on June, 2018, and the judgment became final and conclusive on December 6, 2018 and is currently under suspension of execution.

【Criminal Facts】

"2019 Highest 1427"

1. Around 11:20 on January 22, 2019, the Defendant, while drinking alcohol with the victim B (58 years of age) on the front day of the DNA set in Guro-gu Seoul Metropolitan Government, committed assaulting the victim by getting the victim's head off one time by a small-scale illness, which is a dangerous object at that place without any justifiable reason under the influence of alcohol.

2. At around 13:20 of the above day, the Defendant: (a) was urged from the victim E (the age of 57) to purchase the above B from the victim E at the above location; (b) was the principal of the victim’s head one time, and was assaulted by the victim E (the age of 57).

Around 18:20 on May 24, 2019, the Defendant reported urines in front of the Seoul Guro-gu Seoul Metropolitan Government Flag on May 24, 2019. A victim G (80 years of age) said that “the young young people show urines,” thereby pushing the victim’s face with hand, thereby causing the victim to suffer injury to the victim, such as a flady, in which there are two or more times of medical treatment for about two weeks.

Summary of Evidence

[2019 Highest 1427]

1. Defendant's legal statement;

1. Statement to E by the police;

1. B written statements;

1. On-site photographs (2019Nomen3047);

1. The defendant;