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(영문) 서울남부지방법원 2016.08.17 2016고단2693
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:45 on May 9, 2016, the Defendant was in front of the “C” head office located in Gangseo-gu Seoul Metropolitan Government, and had had the Defendant and Si expenses in the former head office.

D과 그 친구인 피해자 E(41 세) 일행이 위 호프집 탁자에 앉아 맥주를 마시는 것을 보고 “ 내일 술 안 마신 상태에서 다시 보자 ”라고 말한 후 뒤돌아 가다가 피해자 일행들 중 누군가로부터 “ 이 뚱땡이 새끼, 게이 아니냐

“Before hearing the word “” and having been on the table.

500c Heading the victim's side by gathering the 500c heading the victim's side, and the mar became protruding to the right hand hand of the victim's side, and the mar continued to have the victim's side by gathering plastics.

Accordingly, the Defendant, carrying dangerous articles, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in D or E;

1. Application of Acts and subordinate statutes on scam of violence;

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 type of the instant crime using a heading balance, which is a dangerous object with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, may considerably be dangerous and serious consequences may occur, and the Defendant appears to have committed the instant crime in a contingent manner by hearing the victim’s humiliation from the victim’s side, such as the fact that there was three times of past violent crimes and the record of punishment, etc., and the Defendant appears to have reached a crime of this case. The error is recognized, and the injured party by agreement with the victim does not want to be punished by the Defendant, etc., shall be determined by the sentence as ordered in consideration of favorable circumstances.

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