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(영문) 서울서부지방법원 2017.11.15 2017고단2619
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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.

(e).

Reasons

Punishment of the crime

1. A crime committed on September 1, 2017;

A. A. On September 1, 2017, the Defendant: (a) 05:20 on September 1, 2017, the victim E (injury and special assault) brought about an injury on the part of the victim E, who was the customer of the said club, by drinking together with the victim E, on the ground that the Defendant danced in the “G” club located in Mapo-gu Seoul Metropolitan Government F on the part of his body; and (b) took the victim into the smoking area outside the said club, and took the victim’s face into the smoking area three times in drinking, she laid down the victim’s face over three times in drinking, and carried out two times in drinking, and then, the victim suffered injury, such as the impairment of character and strawing, damage of sat, etc., which requires approximately two weeks of treatment.

The defendant continued to use the iron chairs, which is a dangerous object in the above smoking area (not less than 50cm high), and caused the victim to get off twice in the direction of the victim and assaulted the victim by carrying a dangerous object.

2. On September 5, 2017, the Defendant committed the crime of September 5, 2017, around 02:00, at the roads of “I” located in Mapo-gu Seoul Metropolitan Government H, the Defendant inflicted injury on the victim J, the said main customer, and the president of the said main store, etc. on the ground that the Defendant did not return home under the influence of alcohol and did not go home, and the Defendant, the Defendant, who continued to fright at the said main store, did not go home only once her face of the said victim and fright up to write the victim. The Defendant flicked the victim by taking one fright of the face of the said victim, and flished the victim by taking one flishing the victim’s face, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E or K;

1. Investigative reports (a counter-Investigation), full statement of reports 112, investigation reports (a confirmation as to whether an emergency medical service activity is performed);

1. Reports on internal investigation (L relative investigation);

1. Application of Acts and subordinate statutes to medical certificates of injury and copies of medical records;

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 261 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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