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(영문) 서울남부지방법원 2018.05.16 2018고단1246
특수폭행
Text

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

If the defendant does not pay a fine, one hundred thousand won.

Reasons

Punishment of the crime

1. On October 22, 2017, Defendant A, at around 16:45, committed an assault on “Dhop” located in Yeongdeungpo-gu Seoul Metropolitan Government, which was located in Yeongdeungpo-gu Seoul Metropolitan Government, on the part of “Dhop, and was 500cc beer c beer and was frighted on the part of the victim’s left side bridge.

2. Defendant B: (a) had a dispute with the victim A at the above date, time, and at the above place; (b) had a 500cc beer residues, which is a dangerous article that the victim was her boomed by the victim E, as the victim’s wife; and (c) had a head of the victim; and (d) had a two sc beer for the treatment period of two weeks.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. Statement made by the police for E;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 261 and 260(1) of the Criminal Act; Defendant A who choose a fine: Articles 258-2(1) and 257(1) of the Criminal Act;

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendants used violence using beer residues, which is dangerous articles, in light of the background and content of the crime, and the risk of the crime, etc., the nature of the crime is somewhat weak.

However, the Defendants do not want to be punished by mutual agreement, and Defendant B has committed an act of assaulting the Defendant and the Defendant’s wife, which led to the instant crime, and there are circumstances to be considered in the motive for the instant crime.

Accordingly, the defendants' age and relationship, sex conduct, criminal records (the defendant A is a criminal during the period of suspension of execution due to the same kind of crime, the defendant B has no record of criminal punishment in Korea), and the circumstances after the crime.

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