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(영문) 서울중앙지방법원 2016.10.25 2016고단2955

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

around 01:00 on April 30, 2016, the Defendant assaulted the victim's face on the ground that the victim D was said to move the vehicle in front of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, such as spiting the victim's face, taking the victim's face one time by drinking.

"2016 Highest 5154"

1. On April 28, 2016, at around 00:08, the Defendant: (a) provided that “Friba” in the Dongdaemun-gu Seoul Dongdaemun-gu Seoul, “Friba” to the victim G, who is an employee of the location, “The CCTV was lost due to the loss of the cell phone room; and (b) 2 times the victim, who was wearing a horn on the upper floor of the victim on the ground that the victim took another work and took part without his/her sex, was able to blick the left side of the victim, and then, he/she sawd the victim with the inner part and the inner part and the inner part that require approximately two weeks of treatment on the left side of the victim who explained the situation to the dispatched police officer once more.

2. The Defendant damaged the property by harming the victim’s face while wearing a warning at the time and place specified in the above paragraph (1) by putting the victim’s face, putting the victim’s inner sacriff and saging it away from the ground, and destroying the property by harming its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. Written statements prepared by D;

1. Each photograph;

1. Application of Acts and subordinate statutes of the letter of injury diagnosis to G;

1. Article 260 (1), Article 257 (1), and Article 366 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Bodily Injury and Damage to Property);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Probation Criminal Act is the same as obstruction of performance of official duties.