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(영문) 서울남부지방법원 2016.08.09 2016고단1575
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, around 09:12, the Defendant: (a) sold goods to the victim E (the 57 years old) who is a customer, and (b) sold goods to the victim E (the 57 years old) in Gangseo-gu Seoul Metropolitan Government on March 31, 2016, the Defendant would not sell goods to the victim.

“Along with a high sound, the part of the victim’s shoulder was tightly sealed, the victim was pushed down to the mast to the mast, and the victim committed assault, such as having the victim take the mast to the mast by hand and go beyond the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the Acts and subordinate statutes to a report on dispatch to the site, CCTV images closure photographs;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment. Article 260 (Selection of Imprisonment)

1. Reasons for sentencing under Article 62(1)(1)(i) of the Criminal Act on the suspension of execution [the scope of punishment recommended according to the sentencing guidelines] The basic area of sentencing is as follows: Before February to October [the decision of sentence]; (ii) sexual assault has been committed against female employees; (iii) sexual assault has been committed several times in the same kind of violent crime; and (iv) has not been agreed with or received a letter of request from victims; (iv) imprisonment is selected in consideration of the following circumstances: (v) the degree of damage is not significant; (v) there is no reason to take into account the circumstances of the crime; and (v) the confession of and seriously reflects the crime in this court; and (v) the sentence of suspension of execution like the order shall be imposed.

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