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(영문) 서울남부지방법원 2017.10.19 2017고단2538

폭행등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around 15:00 on May 4, 2017, the Defendant assaulted the victim’s left part one time in his/her hand on the ground that he/she “E” that the victim D (Woo, 51 years of age) told the victim D (V) to drink food and drink at a single-story food store that he/she works as the salesperson.

2. In the time and time set forth in paragraph 1, the Defendant expressed the victim D (the 51-year old-age), who is reporting by many customers at the same place, expressed the victim D (the 51-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-old-year-old-year-old-old-year-old-old-year-old-old-year-old-year-old-old-year-old-year-old-old-old-old-old-year-old-old-old-year-old-old-old-old

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes to documentary evidence;

1. Relevant Article 260 of the Criminal Act and Articles 260 (1) and 311 of the Criminal Act (Selection of Fines) concerning facts constituting an offense;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (a) of the same Act (a person shall be punished by a fine of one million won, and when the defendant does not pay the above fine, 100,000 won shall be confined in the workhouse for the period converted into one day, but in light of the same reasons as the statement of the reason for sentencing, the defendant has no other criminal record except when he/she was sentenced to a fine on one occasion, and the victim will not be able to back to the victim without being serious damage.

The sentence was determined by comprehensively taking into account the following factors: (a) the confession and reflection of some crimes; (b) the defendant's age, sexual conduct; (c) the circumstances after the crime; and (d) various sentencing conditions shown in the change theory.

It is so decided as per Disposition for the above reasons.