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(영문) 서울남부지방법원 2016.01.28 2015고단1176
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

On December 18, 2014, at around 13:25, the Defendant: (a) inflicted an injury on the victim D (V) of Yeongdeungpo-gu Seoul Metropolitan Government on the face and shoulder of the victim FF (53 years old), the general director of the FF (53 years old), and the chest part of the chest part of the chest part of the said victim, walking at approximately nine weeks of medical treatment on the ground that he cannot be able to sleep by getting off the victim D from the main room inside the main room of the “E” notification; and (b) the Defendant continued to engage in an assault on the part of the victim D (V) who was in charge of the said act on the part of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Application of Acts and subordinate statutes to an investigation report (Submission of F Medical Treatment Certificates);

1. Article 260 (1) of the Criminal Act applicable to the crime (Assaults);

In this regard, Article 257(1) of the Criminal Act (influence of imprisonment)

O. Imprisonment selection)

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommending punishment] 1) Violence (the basic area of general injury: Violence (Assaults. 1): April to June 2) / [the basic area of ordinary assault (Assaults. 1]: February to October 1] no one shall be included [the treatment of multiple crimes] 1/2 of the upper limit of the punishment for the crime of assault (one half (five months) from the punishment for the crime of assault: April to November 1 [the sentence]; considering the defendant's attitude to deny the specific part of his act; and on the other hand, the defendant did not take all compensation measures for damage, there is no possibility of criticism against the defendant.

On the other hand, the defendant is part of the crime.

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