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(영문) 서울남부지방법원 2018.03.30 2017고단5851

폭행치상등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 5, 2017, at around 22:00 on August 5, 2017, the Defendant was the victim E (61 tax) who gets involved in desireing to take trial expenses and desire to do so from “C cafeteria” located under the first floor of the Gangseo-gu Seoul Metropolitan Government building B, Gangseo-gu, Seoul, and the Defendant was the victim.

“In doing so, the victim was injured by assaulting the victim, such as brushing the victim’s face at the right eye of the victim, brushing the victim’s face, shouldering the victim’s right hand, etc., and causing injury to the victim for about 17 days in need of medical treatment.

2. Violence;

A. On September 2, 2017, around 23:50, the Defendant assaulted the Victim F, such as: (a) the Defendant intending to take the back of the Victim F on the floor of hand on the ground that the Defendant f (54 years) f (the victim F (54 years) f (the victim F) f (the victim F) f (the victim F) f (the victim F) f (the victim F) f) f (the victim f) f (the victim f) f (the victim f) f (the victim f) f (the victim f) f (the victim f) f (the victim f) f (the victim f) f (the passenger f) f (the

B. In addition, the Defendant observed the above Chapter G(58) of the victim G (58) in the same time and at the same place, and assaulted the victim G, such as tearing the victim’s clothes by flaging the Defendant’s flag and breath with mari, flaging the victim’s clothes, flaging the snow of the victim’s G.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement protocol of the police concerning E and the suspect interrogation protocol;

1. G documents;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as written diagnosis;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 262, 260(1), and 257(1) of the Criminal Act concerning the choice of punishment (the point of causing violence) and Article 260(1) of the Criminal Act concerning the punishment, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;