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(영문) 서울남부지방법원 2018.03.28 2017고단5212
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the indictment against insult is dismissed.

Reasons

Punishment of the crime

On October 19, 2017, around 04:09, the Defendant: (a) 201, while paying time costs due to the issue of employees and charges within the singing room located on the first floor underground of the Gangseo-gu Seoul Metropolitan Government building C, collected 6-C 13 of the beer disease being kept in the Arovia air conditioners on the Arovia, and used 6-C 13 of the beer disease being kept in the Arovia, and used the victim’s face at one time from the victim E (38 years old) who was seated in the subsequent wave.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of witnesses prepared in the F;

1. A written statement of victims of violence prepared E;

1. Application of CD-related Acts and subordinate statutes;

1. Article 261 of the Criminal Act, Articles 261 and 260(1) of the Criminal Act regarding criminal facts, and Article 260 of the Criminal Act, and Article 260 of the Defendant’s reason for sentencing of sentence of imprisonment with prison labor also committed the instant crime during the suspended sentence of imprisonment

The instant crime was committed by assaulting beer who is not in line with the face of a person, and is not weak when considering the risk of such assault.

On the other hand, the defendant does not want to punish the defendant by mutual consent with the victim of special assault during the trial of this case.

The defendant is treated against his gender, and is receiving the treatment of alcohol after proof.

The punishment shall be determined as per the order in consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act, focusing on the above.

Rejection of Public Prosecution

1. The summary of the facts charged is as follows: (a) the Defendant openly insultingd the victim by bringing about about about 10 minutes “Isk, Isk, Isk, at the time and place of the judgment; and (b) the police officers belonging to the Seoul Gangseo Police Station G Hask, who called “Isk, Isk, Isk, Isk, Isk,” who called “Isk, Isk, Isk.

2. Of the facts charged in the instant case, the part concerning Article 1 of the Criminal Act is a crime falling under Article 311 of the Criminal Act and may be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

According to the statement "written withdrawal of complaint and accusation" submitted by the victim H on February 14, 2018 to this court, the victim is a victim.

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