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(영문) 서울중앙지방법원 2013.12.23 2013고정5452

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 9, 2013, around 13:40 on August 13:40, 2013, the Defendant: (a) borrowed money from “D” located in Jung-gu Seoul Metropolitan Government, for a long time from “D,” but did not complete payment, and (b) took over head debt and divided the Defendant’s chest into the victim’s hair and knenee with the victim’s growth and knee, and (c) took part in the Defendant’s breath and pushed down the Defendant’s chest by hand.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of suspect (E);

1. Application of Acts and subordinate statutes concerning investigative reports;

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

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The suspension of sentence is determined as above on the grounds of Article 59(1) of the Criminal Act (i) the circumstance leading up to the first trial of the Defendant and the victim, (ii) the circumstance leading up to the first trial of the victim, (iii) the victim appears to have started their body by assaulting the Defendant first, (iii) the extent of the assault committed by the Defendant is light compared to the assault committed by the victim, while the Defendant was injured by the victim, the victim is deemed not to be injured, (iv) the Defendant already spent the expenses for treatment of the injury and issuance of a medical certificate