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(영문) 서울서부지방법원 2018.02.28 2017고단2068
특수상해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

【The Defendant was sentenced to a two-year suspended sentence for a crime of assault at the Seoul Western District Court on April 29, 2015, and was sentenced to a four-month imprisonment with prison labor due to an injury, etc. at the Seoul Western District Court on August 11, 2016, and the said suspended sentence became void on October 14, 2016, and the said suspended sentence became final and conclusive and conclusive on June 26, 2017.

[Criminal Facts]

1. In around 01:50 on July 5, 2017, the Defendant was in Yongsan-gu Seoul, Yongsan-gu, and ‘‘(D’s main store in Yongsan-gu, Seoul and without any special reason, the Defendant, under the influence of alcohol, took a trial expense to the victim E (33) who is a customer of the said main store, without any special reason, and her head is a prone, who is a dangerous object, and her head is seated with the victim’s hand and face. When the Defendant’s clothes are taken into the Defendant’s drinking and growth, the Defendant saw the victim to take care of approximately 14 days for approximately 14 days and led the victim to the need for a treatment.

2. Around 02:20 on July 5, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) while being arrested as a flagrant offender under the suspicion of assault against the said E in a light box located in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul (Yandong), the Defendant, while drunkly drinking for about 40 minutes, led the Defendant to a very rough and disorderly speech or behavior at a public office while under the influence of alcohol, such as attempting to cause sound and frighting the police officers and civil petitioners to wear happinesss.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Statement made by the police for E;

1. A report on the control of G;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the confirmation of repeated crimes);

1. Relevant Article 258-2 of the Criminal Act and Article 258-2 of the Criminal Act (1) (the point of special injury) concerning the facts constituting an offense, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing entry in the official document, and the choice of fines);

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of special bodily injury as indicated in the judgment)

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. The Criminal Act for mitigation of quantity;

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