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(영문) 서울서부지방법원 2019.10.25 2019고단1944

폭행

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2019, around 00:20 on April 11, 2019, the Defendant sought to forced female-friendly job offers D in the C Hospital Hospital B located in Yongsan-gu Seoul Metropolitan Government, and the victim E (the age of 27) of the security staff of the above hospital who observed this was reported to the police.

Around that time, the Defendant abused the victim by satisfing the chest of the victim on the ground that he was unable to escape.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes governing CCTV images at the scene of occurrence;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: Violence crimes [Class 1] general assault [Special Sentencing] mitigated elements: Where the degree of assault is minor (the scope of recommendation area and recommendation range] mitigated area, imprisonment with labor for one month through eight months;

2. The decision of sentence (contributed circumstances) is made, confessions and reflects.

[M] On February 26, 2016, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Western District Court (Seoul Western District Court) and three years of suspended execution on October 13, 2016, and committed a crime as stated in its reasoning during the suspended execution period after the judgment became final and conclusive.

In addition, there is a history of punishment as a fine, suspension of the execution of imprisonment, or imprisonment for a prison term over several times.