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(영문) 서울동부지방법원 2017.12.22 2017고단2811
특수폭행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 22, 2017, the Defendant, at around 10:15, around 10:15, around Seongdong-gu Seoul, Seongdong-gu, Seoul, 202, when drinking, without any justifiable reason, transported the part of the victim D's chest, and walking the victim's chest and the side part of the victim's chest and the side part of the back, and assault the victim by getting off the part of the victim's shoulder pipe (120cm in length), which is a dangerous object, with a view to drinking and escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of seizure records and statutes concerning the list of seizure;

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defense counsel for the determination of mental and physical weakness of Article 62-2 of the Criminal Act for the observation of protection and observation of alcohol shows symptoms that the defendant who suffered from the climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic climatic cliff, thereby committing the crime of this case, and immediately after that, in light of the fact that the criminal act of this case was committed by the defendant, and thus, the criminal liability should be mitigated or exempted. However, in full view of all the circumstances such as the circumstance that the defendant suffered from the disease of the symptoms after the diagnosis of alcohol, but it is recognized that the defendant suffered from the disease of alcohol, such as the background, content and appearance of the crime of this case, and the defendant's behavior before and after the crime of this case.

shall not be deemed to exist.

For the reasons for sentencing, comprehensively taking account of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of crime, and the circumstances after the crime, the punishment as ordered shall be determined.

The favorable circumstances: The confession of the crime of this case and reflect it.

Unfavorable circumstances: Due to violent crimes.

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