beta
(영문) 부산지방법원 2016.08.11 2016고단2742

특수폭행

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who was working in D in Busan, Seo-gu, and Defendant B is a sran tavern business in Busan, Seo-gu.

1. On December 28, 2015, the Defendant: (a) 23:35, 2015, on the ground that the Defendant, at the studio No. 2 of the “F” dan 2, 2015, carried out an act to prevent the victim H (V, 49 years of age) who is a satise while playing in a singing room for about 1 hour, with two satium G, with which he was engaged in drinking and singing for about 5 hours; (b) the Defendant 1: (c) shouldered the head of the victim’s head; and (d) broken the beer’s disease, which is a dangerous object on the table; and (d) carried the beer’s disease on the table; and (e) 1: (c) 23:35, 2015, the Defendant satisf.

".......... the victim assaulted the victim at several times by cutting down the chest of the victim."

2. At around December 28, 2015, Defendant B assaulted Ha in front of the said “F” ran tavern as referred to in the above paragraph (1) of this Article, Defendant A (42 years of age) and was drinking while taking care of the victim’s face, resulting in injury to the victim, including light bombs, which require approximately five weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant A (including the part concerning the interrogation of the defendant B);

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes of paragraph (A) of any investigation report (damage photographs, etc.);

1. Article 261 of the Criminal Act and Articles 260(1) (a) (a point of special assault) of the Criminal Act, Defendant B who choose the punishment of imprisonment: Article 257(1) of the Criminal Act, and the choice of fines;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A who has received an order to attend a course: Article 62-2 of the Criminal Act;

1. Defendant B: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that Defendant A’s contents and nature of the instant crime is inferior, and that Defendant was punished for violent crimes, etc.

However, there is no criminal offense against the defendant beyond the fine, and this.