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(영문) 서울중앙지방법원 2017.08.10 2017고단3545

특수폭행등

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

around 13:30 on April 29, 2017, the Defendant, at the front of the D’D cafeteria located in Gwanak-gu in Seoul Special Metropolitan City, was under the influence of alcohol, and around that time, the Defendant, upon receiving a demand from E to f to fluorize the side f of the denied F of E (53 3 ) on one occasion, raised a dispute over the Defendant’s and the said E, and the victim G (48 e) who is the birth of E, committed assault by carrying a dangerous article that is dangerous to the end of the flusium of the Defendant and the said E (25 cm: width, 25 cm).

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Each photograph;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. Determination as to the assertion of defense counsel under Article 62(1) of the Criminal Act on the suspension of execution

1. At the time of the instant crime, the Defendant was in the state of drinking 5 Cerriju and drinking 5 sick, and the Defendant was in a state of weak ability to discern things or make decisions.

2. The Defendant was in a state with weak ability to discern things or make decisions at the time of committing the instant crime, in light of the following circumstances: (a) the Defendant, at the time of committing the instant crime; (b) the process, method, content, and conduct before and after committing the instant crime; and (c) the Defendant was in a state with weak ability to discern things at the time of committing the crime

Therefore, the defense counsel's assertion is rejected.

The reason for sentencing [the scope of the recommended punishment] The mitigated area of the six types (Habitual, Cumulative, Special Violence) [the person who has been subject to special mitigation] [the person who has been sentenced] imprisonment with prison labor for six months], the defendant for two years in the suspension of execution shall have a total of 11 times (including one time of actual punishment and one time of suspended execution) and the criminal records of the same violence against the defendant, such as the method of committing a crime, danger, etc., by displaying the news luence, are not good.

However, the defendant committed the crime.