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(영문) 서울북부지방법원 2017.03.21 2016고단5397
특수폭행
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

shall observe the protection.

Reasons

Punishment of the crime

At around 19:50 on November 19, 2016, the Defendant sought to put the chest part of the chest part of E on the ground that, while drinking alcohol at D’s restaurant located in Dongdaemun-gu Seoul Metropolitan Government, he did not enter his horses, E (66 years of age) was about her head in the state of her own while he was suffering, the Defendant was about 19:50 on the ground that he was about 19:10,000,000 on the part of the table (14cm in total length, about 24cm in length, about 14cm in length on the day).

F, the principal restaurant operator, was the Defendant, and the Defendant got out of the restaurant with F, and again entered into the restaurant and the principal electronic was on the left side of E.

The Defendant assaulted the Victim E with the same dangerous object as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (on-site chief executive officer and witness statements) (on-site photographs and criminal implements photographs);

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of a punishment under Article 62-2 of the Criminal Act for protection and observation;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a period from June to October;

2. Decision of punishment: to recognize errors;

It was an accident in the influence of alcohol, and there was no injury.

The punishment of fines related to violence is 6 times.

It is a dangerous protruding behavior that is difficult to expect to the person who is the subject of such a threat on the ground that the person himself/herself makes the disturbance and herself in the restaurant.

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