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(영문) 서울동부지방법원 2014.12.11 2014고단2001

폭행

Text

A defendant shall be punished by imprisonment for four 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 June 13, 2014, at around 21:20, the Defendant requested the victim C (the age of 43) to repay money from the stairs of the reading room located on the second floor of the Gangdong-gu Seoul Building B, but he was able to hear the statement that he was unable to repay the money because he did not memory from the victim, and that he was breading the victim's head and body by breathing the breath, going beyond the victim's breath, making the victim's head and body breath, followed the victim's head and body breath, and assault the victim's face and body breath by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

1. The scope of sentence recommended according to the sentencing guidelines (decision of type), violent crimes, assault crimes (general assault) (decision of the recommended area), basic area [decision of the recommended area] / February or October; and

2. In light of the fact that the defendant, who was sentenced to punishment of the same kind of crime, committed the crime of this case even though he had been punished several times, it is necessary to punish the defendant strictly. However, the defendant is led to confession and reflect, the result of serious injury to the victim is not caused, and the defendant's age, character and conduct, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and all other circumstances revealed in the arguments, such as the crime, shall be determined as ordered.