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(영문) 서울동부지방법원 2016.04.28 2016고단188
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 15, 2015, at around 20:10 on December 15, 2015, the Defendant assaulted the victim’s face face one time as a drinking, on the ground that the victim E ( South, 33 years old) who is an employee in Seongdong-gu Seoul Metropolitan Government (hereinafter “D convenience store”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to written statements, CCTV-cape photographs and investigation reports;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 260 of the Criminal Act, and selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from February to October) of the sentencing criteria [the scope of the recommended punishment] and the basic area (the person who is in special sentencing) of the crimes of assault;

2. The fact that the Defendant committed the instant crime even though there had been a number of violence past the ruling of sentencing, is disadvantageous to the Defendant.

However, the defendant is too late to make a mistake, and the defendant was insultd by the victim as a person with a disability.

In consideration of the fact that contingent crimes have been committed, the sentencing conditions of the defendant, such as the age, sex, health conditions, the circumstances of the crime, and the circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.

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