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(영문) 서울남부지방법원 2018.03.20 2017고단221
특수폭행
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2017, at around 23:40, the Defendant drinking alcohol at the heading house operated by the victim B (n, 48 years of age) in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, 2017, and went through the end of business hours from the injured party. Accordingly, the Defendant calculated the victim’s left face one time with an empty beer who is a dangerous object on the table, and the Defendant intending to escape from the Defendant’s assault, thereby facing the victim’s back water, facing the victim’s back water, and threatening the victim to drive away with other empty beer diseases.

Accordingly, the defendant carried a beer, which is a dangerous thing, and committed violence to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (Special Violence and Selection of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that any contingent crime has been committed in the initial crime and the state of the main crime);

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 25 (1), 31 (1), 31 (2), and 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Partial Dismissal of Application for Compensation Order (the part exceeding medical expenses in the application of the applicant for compensation shall be deemed the claim for consolation money, but in the case of consolation money, it is not reasonable to issue a compensation order in relation to the above part as the scope of liability for compensation is unclear.

recognized)

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