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(영문) 서울남부지방법원 2019.10.23 2019고단4665
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:30 on September 4, 2019, the Defendant, while drinking alcohol in front of the 'C' point in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, carried a dangerous object, such as jackackack (15 cm in total length), which is a dangerous object with the victim D (the age of 46) and Sivia (the age of 15 cm in total length), and assaulted the victim by carrying a dangerous object, such as flabing the victim's right hand part, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV image verification);

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 of the suspended sentence comprehensively takes into account the circumstances and contents of the crime for sentencing, risk of the crime, degree of damage, the victim's consent to the punishment of the defendant, the recognition of and reflects on the crime, the criminal records of the defendant, other criminal records of the defendant, the age, career, health status, financial status, and family relation, which are favorable or unfavorable to the defendant as shown in the arguments.

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