logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2021.03.25 2020고단2710
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On August 3, 2020, the Defendant: (a) around 23:10 on August 3, 2020, to female-friendly organizations of victims D (59) who were seated in the next table, while drinking alcoholic beverages on the C convenience store in Eunpyeong-gu Seoul Metropolitan Government; (b) whether the Defendant is in this bad relationship with the male.

The phrase "I hear the horse and take the end of the victim's left head by using three single fluoric acids from the damaged person, and thereby, the victim's parts such as the victim's et al. are 5 times and 3 times the left part of the victim's et al. by using the last part of the fluorum fluorium (37 cm in total length).

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

Summary of Evidence

1. Legal statement of the witness D;

1. A photograph of parts of the victim's body;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. In light of the judgment on the defense claim under Article 62(1) of the Criminal Act, the circumstance and motive leading up to the Defendant’s assault, the method and degree of assault, the victim’s testimony, etc., there is an urgent and unfair infringement on the Defendant at the time of the suspension of execution.

there is a circumstance to mislead, or there is a justifiable reason to mislead, such a person.

Now, the defendant assaulted the victim with his intention to defend himself.

shall not be deemed to exist.

Therefore, the defendant's erroneous defense is without merit.

Although the degree or result of violence is not much serious, the defendant's mistake is divided.

It is difficult to see, and it was not received from the injured party.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case, and all of the sentencing conditions shown in the previous theories, shall be comprehensively considered, and the sentence shall be imposed as ordered.

arrow