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(영문) 서울서부지방법원 2018.05.10 2017고단3737

폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On November 11, 2017, around 03:50, the Defendant obstructed the course of a vehicle, which is the seat of the victim C (39 years of age) in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, with a view to interfering with the course of a vehicle that is the seat of the victim C (39 years of age) in the direction of the victim's back head, resulting in the victim's back head, resulting in violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to investigation reports (investigation of confirmation of screen pictures submitted by the victim), investigation reports (Listening to the statements of the shots);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 260 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation: Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not more than two years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Violence crimes, assault crimes, and one kind (general assault);

B. There is no special sentencing factor:

(c) The scope of recommendations and recommendations: Basic area, imprisonment of up to two months to 10 months;

3. Determination of sentence: Four months of imprisonment with prison labor, one year of suspended sentence [unfair circumstances] that the degree of assault by a majority of the records of violent crimes is not too serious;