logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.12 2017고단3282
특수폭행등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are in the post-employment relationship in Jongno-gu Seoul Metropolitan Government.

1. Defendant A

A. A. Around February 21, 2017, around 23:45, the Defendant: (a) heard from the victim B (son, 42 years of age) to the “H” restaurant located in Jongno-gu Seoul Metropolitan Government G, that he was not aware of the company; and (b) the victim’s face was taken by drinking and was frighted to the face of the victim; and (c) the victim was frighted by gathering the chair, which is a dangerous object in the restaurant.

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

B. After assaulting B as described in paragraph 1(a), the Defendant: (a) brought the victim I, the main owner of the business cited in his hand; (b) brought the victim I to the floor a leg; and (c) brought the victim I, the main owner of the business employed in his hand, on the floor; and (d) put the victim I’s leg on the floor.

Accordingly, the defendant damaged the victim's property.

2. As in paragraph 1(a), Defendant B extracted the victim’s head head head by her hand to oppose the violence from the victim A (the remaining and the age of 30), and caused injury to the victim, such as “the credit cutting, attaching a site for 4 sites, right-hand, etc.,” which requires the victim’s treatment for about 8 weeks by making the victim cut part of the substitute land with a strong shoulder.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of witness B and I;

1. The application of Acts and subordinate statutes to photographs of site conditions, photographs of parts A damaged by A, and diagnostic reports;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 261, 260(1) (a) and 366 (a) of the Criminal Act, and choice of imprisonment with prison labor, respectively;

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury) and the choice of imprisonment

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants in the suspension of execution: Defendant A [the scope of recommendations] of the reasons for sentencing under Article 62(1) of the Criminal Act, and special assault: Violence.

arrow