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(영문) 서울중앙지방법원 2019.08.14 2019고단2828

폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 12, 2019, around 05:30 on April 12, 2019, the Defendant assaulted the victim, i.e., “D” located in Seocho-gu Seoul Metropolitan Government, on the ground that the victim E was faced with the Defendant’s body, and caused the victim E’s face one time due to E having taken the face one time due to E’s drinking in front of the said “D”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and B;

1. Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) the Defendant recognized the instant crime and reflects it; and (b) the Defendant paid 500,000 won to the victim E for compensation for damages; (c) however, the type of force exercised by the victim; (d) the degree, frequency, circumstances before and after the commission of the crime; and (e) the Defendant repeated the crime even if the Defendant had had been punished for the same kind of crime

Public Prosecution Rejection Parts

1. Around 05:30 on April 12, 2019, the Defendant committed assault, such as drinking in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government “D” and drinking in the victim B, who was a driver of the instant case, once.

2. Judgment on applicable provisions of Acts: Article 260 (1) of the Criminal Act: A judgment dismissing a written agreement submitted on August 13, 2019: Article 327 subparagraph 6 of the Criminal Procedure Act;