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(영문) 서울중앙지방법원 2020.01.30 2019고단5168
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 13, 2019, at around 22:10, the Defendant was under the influence of alcohol in the waiting room of the “C” located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government, on the ground that he was under the influence of alcohol to the victim D (the age of 44). However, the Defendant continued to walking the shoulder part of the victim D once due to the outbreak, and continued to walk the shoulder part of the victim E (the age of 43), who is an employee of the said main store, once in the hands of the victim E (the age of 43).

The Defendant continued to break back the beer’s disease, which was in the front of the above beer’s shop, and broken the beer’s disease, which was in the front of the above beer’s shop, and used a shoulderer’s disease, which is a dangerous and dangerous thing, and led to the victims.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police suspect interrogation protocol regarding E;

1. Investigation report (related to photographs of damage and site photographs);

1. Application of Acts and subordinate statutes concerning CCTV images around the site;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the reason for sentencing under Article 62(1) of the suspended sentence shall be determined as ordered by taking into account various sentencing conditions shown in the pleadings of the instant case, such as the motive, circumstance, means of crime, motive and degree of assault, the defendant's like criminal records (it has been sentenced to a fine for the same kind of crime several times), the victims do not want the punishment against the defendant, the victims have been assaulted by the victims in the course of the crime, the defendant's age, environment, and attitude after the crime.

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