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(영문) 서울북부지방법원 2017.07.14 2016고단4935

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on September 10, 2016, the Defendant: (a) at the house of the victim D (the 54 years old); (b) at the time, at the time, the Defendant was released from the victim’s house to the victim’s house by suffering from intrusion upon residence, etc. from a third party; (c) at the time, the Defendant was demanded from the victim to “any longer found”, and said, “the victim was frighted to the victim’s house without the victim’s consent; and (d) the Defendant was able to kill the victim’s breath, which is a dangerous thing in the middle-gu Seoul Metropolitan City, and breathed from the victim’s breath to the victim’s breath to the victim’s breath to the victim’s breath, and

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on virtual photographys;

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 suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, the observation of protection and community service order

1. The summary of the argument does not contain any whistles that were indicated in the judgment at the time, and there is no flabbbling of the victim, and there is no rumor that “the death is discarded.”

2. The above evidence duly adopted and examined by the court and the following circumstances acknowledged by the above evidence: ① The victim, who was found in the victim's house from the police to the court, was in dispute with the defendant, and was living in the family of the victim, was living in the family of the victim, and the defendant was living in the family of the victim, and the victim was consistently and specifically stated to the effect that the defendant was living in the victim's breath because he did not live in the body of the victim and died in the body of the victim, and ② the defendant was living in the victim's house at the time and went in the family of the victim's house, and the victim was in dispute with the victim who was living in the family of the victim.