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(영문) 서울동부지방법원 2020.09.25 2020고단1423
특수폭행
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

Around 23:45 on March 20, 2020, the Defendant listened to the victim’s words “C” in Songpa-gu Seoul, Songpa-gu, Seoul, that he would not get a telephone from the victim while drinking alcohol together with the victim D while drinking alcohol. As a result, the Defendant collected a small-scale bottle, which is a dangerous object on the customer’s hand, and sprinked and sprinked the victim’s flab with the Defendant’s left hand, and sprinked the victim’s flab, and flabed the victim’s left shoulder.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the damaged part of the assault;

1. Preparation of E statements, and application of investigation reports (related to the relative investigation of witnesses E) Acts and subordinate statutes;

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

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive for committing the crime, means and result of the crime, following the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the sentencing factors indicated in the arguments of this case

D. Unfavorable circumstances: The crime of this case is not that of the defendant, who has broken the Soviet's disease twice in a restaurant and assaulted the victim again due to Soviet's disease.

There are many criminal records of violent crimes including suspended sentence of imprisonment with prison labor.

The defendant received a letter from the victim in favor of the favorable circumstances.

It is clear that the social relationship of the defendant is clear.

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