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(영문) 서울중앙지방법원 2019.03.08 2018고단6199

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 July 15, 2018, at around 19:15, the Defendant: (a) recommended the victim C (year 55) who was happy in front of Seocho-gu Seoul, to seek his/her own pictures, and had assaulted the victim by reporting him/her who was in the Taekwondo uniform and taking action to withdraw his/her right investment; and (b) selling the victim's clothes with his/her face in the blue blue blue blue blue blue blue blue blue blue blue, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (related to D's statements) and internal investigation (related to statements E');

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. The scope of recommendations according to the sentencing criteria (the scope of recommendations) and the basic area (two months to ten months) of the crimes of violence (general assault) shall not be included in the first category;

2. In light of the circumstances that the Defendant, who has been punished twice as violent crimes, committed the crime of this case under unfavorable circumstances, the fact that the Defendant recognized the crime of this case, and that the degree of assault is not serious, etc., shall be considered as favorable circumstances, and the sentence as ordered shall be determined by taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., which are sentencing specified in the records and arguments of this case.