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(영문) 서울동부지방법원 2015.12.03 2015고단1656
폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On May 20, 2015, the Defendant spited, on the front side of Gangdong-gu Seoul Metropolitan Government Road, without any justifiable reason, the victim D (the age of 41) who was the Defendant’s signal from a car truck, spits it on the window of the driver’s seat of the car driven by the Defendant. The victim spits it on one occasion in order to take a carbon truck from the car, spits it into the victim’s head, cut off the vehicle to take the car on one occasion, and assaulted twice the victim’s head on two occasions by cutting off the breath.

2. At the above time and place, the Defendant publicly insulting the victim by openly insulting the victim by saying, “The victim E (the victim E, 33 years of age) was shot on the ground that the Defendant took a cell phone image of the Defendant’s behavior, the victim’s speech that “the victim is able to grow for the same year, Chewing year, and less than a long-term year.”

Summary of Evidence

1. Court statement of the defendant (the fourth and sixth court date);

1. Witnesses D and E's respective legal statements;

1. Photographs;

1. Application of Acts and subordinate statutes governing the reproduction of CDs and USB images;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (Scope of Recommendation) is to comply with the lower limit of the sentence of recommendation in relation to the crime of insult in the basic sphere (two to ten months) of category 1 (general assault) (no special person) [decision of sentence] of the Criminal Act (decision of sentence] the circumstances and contents of each of the crimes of this case, degree of damage, degree of damage, damage not recovered, and not agreed with the victims, the defendant is led to confession and rebuttal, and the defendant is subject to criminal punishment on three occasions due to the crime of injury and assault, and all of them are favorable or unfavorable to the defendant during pleadings, such as his age, career, health status, family relationship, etc.

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