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(영문) 서울중앙지방법원 2017.11.23 2017고단1453
폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2017 Highest 1453] On December 16, 2016, the Defendant assaulted the victim of the vehicle by 3, a subway 2, the subway line of 106, Jung-gu, Seoul, Jung-gu, Seoul, in the reverse transit route, to the victim B (n, 25 years old) who walked in the reverse transit route, without any justifiable reason, while pushing the victim's shoulder by hand, and walking the victim's knee one time by walking the victim's kne.

[2017 Highest 7498] On September 13, 2017, the Defendant discovered that the key is posted to the victim C's market price of KRW 1,000,000,000 in the middle-gu Seoul Central District, Jung-gu, Seoul, 41-3, around 19:00.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

[2017 Highest 1453]

1. Statement made by the police against some of the defendant;

1. Statement made by the police against B;

1. A investigative report (a tracking investigation of a mobile wire), video CD (a video CD 2017 Height 7498);

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on the use of a two-wheeled motor vehicle, a report on the detection of stolen motor vehicles, and a photographic;

1. Article 260 (1) and Article 329 of the Criminal Act (a point of violence), and Article 260 of the same Act concerning the facts constituting an offense, the selection of punishment by imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant can have committed assault and larceny against the defendant.

In light of the fact that the defendant assaults a person unrelated to him/her, he/she is selected to be sentenced to imprisonment with prison labor, and the degree of the assault of this case is relatively minor, the damaged objects of larceny are returned to the victim, the defendant has no record of crime exceeding the fine within the last five years, the defendant's age, environment, sex, health conditions, circumstances before and after the crime, etc. are considered as ordered.

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