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(영문) 서울남부지방법원 2016.12.16 2016고단4820
폭행
Text

A defendant shall be punished by imprisonment for four 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

On October 6, 2016, at around 01:30, the Defendant assaulted the victim’s satisf in the mutual infinite located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with the victim C(35 years of age), that the Defendant her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her heres

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on investigation (report on the use of police gear);

1. Investigation report (victim C telephone investigation);

1. Application of Acts and subordinate statutes to reports on dispatch to violent scenes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act that apply to the crime (the point of violence and the choice of imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing guidelines (decision of types) and the basic area of the first category (decision of the recommended area), the basic area of the assault crime (decision of general assault) [decision of the recommended area] [Scope of recommendations] from February to October; and

2. Circumstances unfavorable to the decision of sentence: The defendant's liability is not less minor in light of the behavior and degree of the assault in this case;

The victim has not been agreed with the victim and the victim is punished for the defendant.

Although the Defendant was punished for violent crimes, the Defendant repeated the crime.

The defendant's mistake is recognized as favorable circumstances.

There is no record of criminal punishment exceeding the fine against the defendant.

The above circumstances and the records and arguments of this case, including the circumstances leading to the Defendant to commit the crime of this case, the degree and result of damage, the circumstances after the commission of the crime, the records of the Defendant’s punishment in the past, and other circumstances, including the Defendant’s age, character and conduct, and environment, shall be determined as the sentence as ordered.

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