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(영문) 서울중앙지방법원 2017.03.17 2016고단6352

폭행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2016, around 01:45, the Defendant: (a) sought to board a “C convenience store” in Gangnam-gu Seoul Metropolitan Government, and (b) sought to board a victim D ( South and 60 years old) E taxi on the ground that the victim was “satisfing”; (c) caused the victim’s refusal to board a taxi on the ground that he was “satfing”, and (d) caused the victim to take a bath by breafing the bat of the victim who was seated in the driver’s seat, and b) assaulted the victim by taking the victim’s body in a hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (verification of taxi black images);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment. Article 260 (Selection of Imprisonment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of the recommended punishment] and the basic area (from February to October) of the crime of assault (no person in special sentencing) is available;

2. The punishment as ordered shall be determined within the sentencing criteria, considering the fact that there are several previous convictions of the same kind of fine, and the ages, sex, circumstances, motive and circumstances of the crime, and circumstances after the crime, etc. of the accused; and