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(영문) 서울중앙지방법원 2014.07.04 2014고단114

폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2014 Highest 114] Around 17:20 on December 28, 2013, the Defendant assaulted the victims, such as the victim’s face, clothes, and arms at a time when the victim’s arm’s length was taken several times in the old room of the “D” clothes store located in Gangnam-gu Seoul, Seoul, on the ground that the victim E (n, 32 years of age) was taken by the Defendant’s appearance, and the victim’s face, clothes, and arms were taken by hand, and the victim’s f (n, 28 years of age) who was the birth of the above victim was flick at a time when the victim’s arm’s length was taken one time.

[2014 Highest 1960] On March 12, 2014, the Defendant assaulted the victim, such as plucking, plucking, plucking, etc., around H elementary school crosswalks located in Gangnam-gu Seoul Metropolitan Government, on the ground that the victim I (n, 36 years of age) left the Defendant’s bucks with handbucks.

Summary of Evidence

[2014 Highest 114]

1. Partial statement of the defendant;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Investigation report (on-site investigation);

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect with regard to I;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 260 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by sentence: Imprisonment for not more than three years;

2. Two months of imprisonment with prison labor for a recommended sentence on the sentencing guidelines - October (Selection of the basic area among types 1 of assault crimes);

3. Determination of sentence: A sentence shall be imposed on the basis of six months of imprisonment, a stay of execution two years, and a period of probation: A probation shall be suspended on condition of probation, in consideration of the fact that the nature of the crime is not somewhat weak, such as punishment for the defendant's minor reasons that the crime was committed, and that there are many records of punishment for the same kind of crime;

order for any reason above.