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(영문) 서울중앙지방법원 2021.03.31 2020고단6654
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant committed each of the following crimes under the lack of the ability to discern things or make decisions due to compilations:

1. On August 11, 2020, at around 18:25, the Defendant takes part in the victim’s clothes and legs in three times due to drinking and launchings, etc. of the victim who demand the victim from the victim B (36 years of age) and the shoulder to take part in the direction of the 1 to 4 lines of the Seoul subway East Station Station 288, Jongno-gu Seoul, Jongno-gu, Seoul. In addition, the Defendant takes part in the victim’s clothes and legs at three times, and the dangerous things (10cm in blade and 25cm in total length) that were in possession of the bank.

L. L. L. L. L. L. L. L. L. L. L. L. 2.

Accordingly, the defendant carried a dangerous article in excess of the victim's right to use it.

2. On August 16, 2020, the injured Defendant, while walking along the Jongno-gu Seoul Metropolitan City front side of the road on August 16, 2020, caused bodily injury to the victim, such as two open tops, which requires approximately two weeks of treatment by taking several times the victim’s face and head part in drinking, and taking several times the victim’s chest and head part in drinking, and taking several times the victim’s chest and head part.

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies (No. 4 No. 5 of the evidence list) of the closure of CCTV images in each police statement protocol against B and D;

1. Application of Acts and subordinate statutes to the investigation report (Evidence List No. 26), confirmation of entry/discharge, investigation report (suspect F currency, suspect's condition and time of discharge, etc.), written request for medical treatment, written opinion, confirmation of entry and discharge (Evidence List No. 16, 17, 18, 24).

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the option of punishment) concerning the crime, and Articles 261 and 260(1) of the Criminal Act (the point of special assault and the choice of imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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

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

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