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(영문) 서울남부지방법원 2019.06.18 2019고단1192

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On February 20, 2019, around 00:30 on February 20, 2019, the Defendant walked to the victim D (the age of 57) who was mixed with “C” restaurant located in Yangcheon-gu Seoul Metropolitan Government, that “I wish to die, I wish to she,” and landed from the victim’s body as a dangerous object on his/her table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Investigation report ( telephone conversations between victim D) and telephone communications;

1. Application of Acts and subordinate statutes to photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order was committed by assaulting the victim to a minor who is a dangerous object without any particular reason, in light of the background and risk of the crime, etc., the nature of the crime is not good, and the defendant has been punished not less than 20 times due to violent crimes.

However, the sentence as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, motive and background of the crime, means and consequence, the circumstances after the crime, etc. and the sentencing conditions as shown in the present arguments and records, including the fact that the defendant is against himself and there is no record