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(영문) 서울동부지방법원 2018.05.30 2017고단3017

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a customer who has been at the location of M&C in Korea where the victim B works as a security guide.

1. On July 2, 2017, the Defendant: (a) around 14:25, at the second floor of the Korean E-Ma Society Branch C located in Seoul D, the Defendant: (b) controlled the victim from “not entering the second floor with a third floor access certificate”; (c) caused the victim’s shoulder twice by both hands; and (d) assaulted the victim by having the victim’s body.

2. The Defendant damaged property at the time and place set forth in paragraph 1 by putting the Defendant’s drinking shock net on the market price, which is the victim’s Korean marina, installed on the second floor for the foregoing reason.

Summary of Evidence

1. Statement made by the police against B;

1. Application of statutes on field CCTV photographs;

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The defendant has a record of having been sentenced to a fine several times of a crime of the same kind, and the circumstances favorable to the defendant's failure to receive a letter from the victims: The above circumstances, the character and conduct of the defendant, and the conditions for sentencing as shown in the trial process of the instant case, including the following circumstances, shall be comprehensively determined as follows: