beta
(영문) 서울동부지방법원 2018.06.01 2017고단3474

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 August 16, 2017, around 20:58, the Defendant asked the victim C (the 19 years of age) of time in front of the complex cultural facilities for the development of the art site of 68 books in Gwangjin-gu, Seoul. The Defendant did not answer the time to ask the victim C (the 19 years of age) about August 16, 201.

The term "Ispath Spath Frith Spath," and assaulted the victim's tolerances by drinking once.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances for sentencing) [the reasons for sentencing] of Article 62(1) of the Criminal Act (the grounds for sentencing as set forth below] and the fact that the instant assault crime was committed without any specific reason despite having been committed several times due to violent crimes, etc., which did not receive any tolerance from the injured party up to the present day. [The favorable circumstances] The fact that recognizing the instant assault crime was committed and there is no record of criminal punishment exceeding the fine during that period is against the injured party’s mistake, the Defendant’s age, sex, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc. are considered, and the sentence as set