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(영문) 서울서부지방법원 2020.01.14 2019고정346
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

around 09:25 on August 29, 2018, the Defendant is punished for victims C (year 46) and vagabonds in front of Yongsan-gu Seoul Metropolitan Government.

The son assaulted the victim's chest.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol regarding C;

1. A report on the arrest of a suspect, a letter of arrest of a flagrant offender and a written confirmation [in light of the contents of the statement of a spite D and the statement of the arrest of a flagrant offender against the defendant, the defendant and the victim continue to wear a spit with one another even after the police was dispatched to the scene, and the defendant was fully aware of the fact that spite with the victim's chest by hand. The defendant asserts that spite towards his face is merely a spite of the victim's body against the act of the victim. However, according to the above evidence, the circumstance of the defendant's assertion is merely a situation before the police is dispatched to the site]; the application

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 260 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the fact that there are any circumstances attributable to the victim in the course of the crime, the fact that the degree of violence is minor, and the fact that the defendant has no same electric power);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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