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(영문) 서울북부지방법원 2018.11.15 2018고단4085

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 August 18, 2018, the Defendant: (a) around 12:00, at the Myeonp Park Jung-gu, Seoul, the 407 subway No. 7 Line No. 407 subway No. 5 Line No. 7, and at the Myeonp Park, the Defendant did not return his cell phone of the victim B (13 years old) to his own cell phone; and (b) the Defendant assaulted the victim with the defect of this paragraph and the breath hand by breath.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to report on investigation (the victim's relative investigation into the relative C)

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

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

1. Application of the sentencing criteria [the types of decisions] used to commit violent crimes: One type (a person in special sentencing) (a person in special sentencing) mitigated element); where the degree of violence is minor (the scope of recommended punishment), mitigated area; one month to eight months;

2. Although there are many kinds of records that the defendant was punished as violent crimes, the extent of assault is recognized and against the defendant, and there are other circumstances that may be considered in light of the circumstances that led to the crime, and the records and arguments of this case, such as the defendant's age, sex, living environment, and circumstances after the crime, shall be determined as ordered in light of the above circumstances.