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(영문) 서울남부지방법원 2019.08.13 2019고단1960
특수폭행
Text

1. Defendant A shall be punished by a fine of five million won against Defendant A.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. Defendant A around 22:31 on February 15, 2019, at the “Dju shop” located in Gangseo-gu Seoul Metropolitan Government, performed drinking with the victim B (the age of 47) while drinking alcohol. The victim scamed water contained in the beer World Cup on the Defendant’s face, and scamed the victim’s head once.

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

2. Defendant B, at the time and place indicated in paragraph (1), was assaulted by the victim A (the age of 40) as seen above, and the victim’s head was flick, which was a dangerous object on the table table, and the victim’s head was flicked for about 14 days, and the victim’s head was flicked for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The application of Acts and subordinate statutes to reports on occurrence (special injury, special violence), victim and field photographs, reports on internal affairs, investigation reports (written statement, recording and hearing of shots), investigation reports (Submission of written diagnosis of a suspect A), and diagnosis reports;

1. Article applicable to the facts constituting the crime and the choice of punishment (defendants);

(a) Defendant A: Articles 261 and 260(1) of the Criminal Act;

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation (Defendant B) Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Suspension of execution (Defendant B) Article 62(1) of the Criminal Act (The following consideration in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (defendant A) [Defendant A]

1. The circumstances following the decision to punish a fine, the background leading up to the criminal defendant to commit a crime, the degree and result of damage, and the circumstances before and after committing a crime;

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