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(영문) 서울동부지방법원 2017.06.28 2016고단4416

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 6, 2016, the Defendant: (a) around 07:25 on the street in Jongno-gu Seoul, Jongno-gu, Seoul; (b) on the street, at around 07:25, the victim D (23) who was under the influence of alcohol, “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution has reached six times the history of punishment for violent crime, such as assault and damage of property, etc., and the victim stated that he/she was frighten of life, and thus, he/she seriously punished the defendant. However, considering the fact that the defendant is led to confession and rebuttal,