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(영문) 서울중앙지방법원 2016.07.13 2015고단7493
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 31, 2015, at a D restaurant located in Gangnam-gu Seoul Metropolitan Government on October 31, 2015, the Defendant: (a) called “the Victim E (Inn, 19 years old) who drinked on the side table table; (b) was off the victim, who gets off the victim from the victim’s oral performance, and gets off the victim’s face by leaving the victim’s oral performance; and (c) took off the victim’s head in his/her hand and her hand, and took down the victim’s left face by hand.

2. Around 04:20 on March 16, 2016, the Defendant: (a) at the front road of the Gangnam-gu Seoul Metropolitan Government, the Defendant saw the disturbance under the influence of alcohol to the victim G (the victim G (the victim 27 years old), the neighboring resident, and the victim H (23 years old) expressed her desire to repair her; (b) her face part of the victim G her face her face her hand her hand her, and her flap, she her back, her left part of the victim G, she her head her back, her back, her back, her back with the victim H’s her finger and her part with a her hh, where the number of days of treatment cannot be known to the victim G; and (c) her part and her part, her part and her part of the victim’s face with the victim H’s her finger and her part of the treatment cannot be known to the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) concerning criminal facts, Article 257(1) of the Criminal Act (the point of each injury), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act with regard to the observation of protection and observation, the sentencing conditions as shown in the arguments, such as the defendant's age, sex, home environment, and circumstances before and after the crime, shall be determined in the same manner as the order.

Violence, 5 times (one time to suspend the execution of imprisonment and 4 times), and even though the case was committed as one of the crimes in the ruling, the crime of the 2nd case is recognized as a net and reflective crime, and the defendant is caused by drinking for the period in which the defendant works for entertainment establishments.

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