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(영문) 서울서부지방법원 2018.02.21 2017고단1098
폭행
Text

A defendant shall be punished by imprisonment for four 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

【Criminal Records of Crimes】 On August 24, 2016, the Defendant was sentenced to a suspended sentence of one year and a fine of five million won by assault, etc. at the Changwon District Court on April 2016, and the said judgment became final and conclusive on November 23, 2017.

【Criminal facts】 around 02:00 on March 20, 2017, the Defendant assaulted the victim E (75 years) at the front of the D convenience store located in Seodaemun-gu Seoul Western-gu Seoul, Seoul, on the ground that the victim was bread by drinking alcohol to the victim E (75 years), and that the victim’s face and body was bread by shotic care.

around 22:30 on August 3, 2017, the Defendant used the centering around the Victim F (F, 41 years of age), who drinks around the Saemaeul apartment, 3-14, Maro 57-gil 3-14 (Dong Automatic), Yongsan-gu, Seoul, for the purpose of drinking alcohol in front of the Saemaeul apartment, and the Victim F, “Lei-Ga” from the Victim F, after hearing the horses and taking a bath to the said F, and assaulting the Victim G’s neck in his hand at the time of being sealed with his hand.

Summary of Evidence

"2017 Highest 1098"

1. Statement by the defendant in court;

1. E statements;

1. Photographss, etc. of the upper part of the body;

1. Before judgment: "Written reply to inquiry, such as criminal history, inquiry into the case, and the text of the judgment [Seowon District Court 2014 Gowon District Court 3198, Gowon District Court 2014 Gowon District Court 3198, Gowon 113 (Consolidation), Changwon District Court 2016 Gowon District Court 2016No 2304]";

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of H’s written Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and the choice of punishment for the crime, Articles 260 of the Criminal Act and the choice of imprisonment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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. The observation of protection and the community service order Article 62-2 of the Criminal Code has many records of being punished for the same kind of crime for sentencing, the victims have not been agreed with, and the case related to violence was tried as stated in the first head of the judgment.

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