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(영문) 서울남부지방법원 2016.08.24 2016고단2786
특수폭행
Text

A defendant shall be punished by imprisonment for four 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 June 10, 2016, the Defendant: (a) around 01:45 on June 10, 2016, to the victim C (27 tax years) who was waiting for a taxi in front of Guro-gu Seoul Metropolitan Government (hereinafter referred to as “Ig, dwarf,” without any reason, while under the influence of alcohol;

Doz. Doz. Doz.

“Fashing the shoulder by putting the victim off and pushing the victim’s face by drinking three times in person, and putting the victim’s face by hand. In order to prevent this, the victim opened a parking lot guidance sign (size 1 meter, quantity of Aluminium material) located on the roadside in order to stop this, the victim’s shoulder and left elbing with the victim’s shoulder and left elbing of the signboard, which is a dangerous object, by putting the defense defect above the victim’s standing signboard with string off in person from the damaged person, in order to prevent this.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on dispatch to a scene of violence;

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order has a record of having been punished several times due to violent crimes, etc., and efforts to recover damage are not visible.

However, the punishment shall be determined as ordered in consideration of favorable circumstances, such as the fact that the defendant has mistakenly recognized the defendant, that the defendant has no criminal record of suspended execution or more, and that the social relationship of the defendant is obvious.

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