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(영문) 서울동부지방법원 2017.09.28 2017고단1326

특수폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a married couple who is the victim C and remarried, and is the father of the victim D.

1. Around 21:50 on January 8, 2017, the Defendant, under the influence of alcohol at the Defendant’s house located in Songpa-gu Seoul, Songpa-gu, Seoul, assaulted the victim with his hand on the ground that he did not go to this mind (e.g., 21 years of age) by drinking the victim’s head, drinking the victim’s head, drinking the victim’s boat, drinking the victim’s vessel by drinking, and booming the victim’s boat on the part of a neck, which is a continuously dangerous thing.

2. In the same time and place as in the preceding paragraph, on the ground that the victim C (n, 47 years of age) said Defendant’s act is crypted, the victim’s face was taken several times, head vegetable, and the victim’s eye was damaged by knife, and the victim’s knife was faced with the victim’s eye.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or C;

1. On-site photographs and damaged photographs at the time;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault) concerning criminal facts, Article 257 (1) of the Criminal Act (a point of bodily injury) and the choice of imprisonment with prison labor;

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. The punishment as ordered shall be determined in light of the overall sentencing conditions, such as the relationship between the defendant and the victims for the reason of sentencing under Article 62-2 of the Criminal Act, the relationship between the defendant and the victims, the absence of any agreement, the fact that there is no criminal record of a fine or more, the defendant's age, sex, sex, environment, circumstances, means and consequence of the crime, etc