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(영문) 울산지방법원 2020.09.24 2020고단2145
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 8, 2020, at around 09:27, the Defendant took a large amount of drinking water from the victim in the "Dcafeteria" operated by the victim C (n, 82 years of age) in Ulsan-gu, Ulsan-gu, Seoul-gu. The Defendant got a knee on the left-hand side of the victim because the Defendant took a large amount of drinking water from the victim while drinking and drinking alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Articles 261 and 260 of the Criminal Act concerning the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant assaulted against the victim of the beer disease, and the responsibility for the offense is not somewhat minor.

However, considering the fact that the victim does not want the punishment against the defendant, the sentencing conditions, such as the background leading to the crime of this case, the age, environment, and the circumstances after the crime, shall be determined as the order of the defendant.

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