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(영문) 서울남부지방법원 2016.05.27 2016고단1334
특수폭행
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.

Reasons

Punishment of the crime

On March 22, 2016, the Defendant: (a) around 01:55 on March 22, 2016, on the ground that, in the E restaurant located in Geumcheon-gu Seoul Metropolitan Government, drinking alcoholic beverages f (n, 43 years of age) with the victim F (n, 43 years of age) with the next table f (n, e.g., a dangerous object kept in a restaurant in a restaurant under a large number of drinking alcohol, was the victim, and was in line with the victim’s side interest.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by the defendant;

1. A written statement;

1. On-site dispatch reports;

1. Investigation report (Analysis of CCTV video recording);

1. Investigation report (attached report including the decision of the same working person); and

1. CCTV images;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the punishment [the scope of the recommended punishment] four months to one year and two months; and

2. Normal circumstances unfavorable to the decision of sentence: The Defendant committed the instant crime in which he/she uses force as a steel product without being aware of the fact that he/she was sentenced to suspended sentence on April 15, 2013 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and without being aware of the fact that he/she was sentenced to suspended sentence; the method of committing the instant crime is highly dangerous; and the Defendant was punished several times of a crime related to violence; the Defendant was punished by a fine for several times: medical expenses, etc.; the victim does not want to be punished against the Defendant by agreement with the victim; the victim was not seriously injured due to the instant crime; and the Defendant’s criminal liability is established.

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