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(영문) 서울남부지방법원 2017.04.27 2017고단541

폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2016, around 19:10 on December 17, 2016, the Defendant committed assault, such as: (a) the victim D (the 39-year-old) who was trying to settle the goods purchased from the C Et in Gangseo-gu Seoul Metropolitan Government C Et; (b) the victim who demanded the company to take a hand from the victim; (c) threatening the victim who demanded the company to take a hand from the victim; and (d) continuing verbal abuse against the victim; (d) the victim’s body was boomed with the victim’s body, and (e) taking the victim’s hand who want to report to the police on the basis of a mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to a call report on the site of the case, to attach ctv video images, and to report an investigation (to listen to spho E telephone statements);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has a record of having been punished several times as a crime related to violence, considering the degree of the act of assault in this case, motive for the crime, degree of damage, circumstances after the crime, etc.