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(영문) 서울북부지방법원 2016.04.07 2015고단3868 (1)
폭행등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The prosecution against violence shall be dismissed.

Reasons

Criminal facts

1. Around 21:50 on October 12, 2015, the Defendant: (a) under the direction of the convenience store located in Dongdaemun-gu Seoul, Dongdaemun-gu, the victim D (52 aged 52) fighting with the victim D (52 E) and aided E; (b) the victim’s face face face, which is a dangerous object, wearing a horn (1m in length) one time; (c) the victim’s face face is fright at one time; and (d) the victim’s face is fright at one time at one time; and (e) the victim’s eye fright at one time when the victim’s face is teared; and (e) the snow part under the eye ought to be teared, thereby making the victim take approximately four weeks of treatment.

2. The Defendant used a special assault to display stick to the victim E for the same reasons as the date, time, place, and place mentioned in the preceding paragraph, and assaulted the victim E by displaying the victim E face.

Summary of Evidence

1. Statement of the criminal defendant in the second public trial protocol (the fact that he/she has taken a part of the victim's face on drinking in relation to paragraph (1) of the crime and that he/she has taken a part of the victim's face on drinking in relation to paragraph (2) of the crime;

1. Each legal statement of the witness F (W), D, and E;

1. The result of the reproduction of screen images by CCTV CDs (Evidence 12);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2, 257 (1), 261, and 260 (1) of the Criminal Act concerning the facts constituting an offense (the choice of each imprisonment with prison labor) of the relevant Article of the Criminal Act;

1. According to the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes (an aggravated punishment prescribed by the Act on Special Bodily Injury) of the same Act, the Defendant denies this part of the crime, even though he/she commits a special injury or special assault with a stick, which is a dangerous object.

The victim E of a special assault does not want to be punished for the defendant, but the victim D of a special injury wishes to punish the victim.

Prior to the instant case, the Defendant has a record of having completed a fine, suspension of execution of sentence, and imprisonment with labor due to the act of violence, interference with the execution of official duties, etc.

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