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(영문) 서울서부지방법원 2018.11.28 2018고단2785
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 18, 2018, around 08:15, at the entrance of “D” 4th floor in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant sought the victim E (20 years of age) who had been in dispute with the Defendant and carried the time expenses, and used the victim’s shoulder at one time, and used the victim’s 30cm in width, which is a dangerous object located on the floor of the victim’s shoulder at one time, and used the victim’s 30cm in length, 30cm in length, and 30cm in length, and used the victim’s neck back at three times in length.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. An investigation report (Attachment of a medical certificate of injury), and a medical certificate of injury;

1. Damage to or photograph of the body system taken by the Gosiwon and the body part behind the trees of the suspect E [this is the same that the Defendant did not assault the victim by unloading the body part of the victim with a glass frame, and the glass frame was placed on the floor, and that the sprink was the victim who escaped, and the sprink was the same;

주장 하나, 당시 촬영된 피해자의 목 뒤 부위 사진에 나타나는 상처의 모습과 유리 파편이 분포되어 있는 모습, 피해자의 신장 등을 고려 하면, 바닥에 던진 유리 파편이 튄 것으로 보기는 어려우므로, 피고 인의 위 주장은 받아들이지 않는다] 법령의 적용

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] The basic area (from April to January 10) of the 6th category (a repeated crime and special assault) of the Criminal Act / [decision of sentence] The Defendant denies and does not reflect the instant crime. However, all other circumstances, including the Defendant’s age, sex, career, home environment, motive for committing the instant crime, and circumstances after committing the crime, are considered.

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