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(영문) 서울남부지방법원 2015.11.20 2015고단4298
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 24, 2015, the Defendant: (a) around 21:15, on the road located near Gangseo-gu Seoul Metropolitan City, the Defendant: (b) putting the road along the road, and flicked the flick of the victim C (the age of 34) who was driving a car by crossing the roadway, flicked the road, and flicked the road; and (c) flicked the flick of the victim.

2. On September 24, 2015, at the E District District in Gangseo-gu Seoul Metropolitan Government on September 21:34, 2015, the Defendant publicly insultingd the victim F of the victim F of the said District, who was working in the said District, with the civil petitioner C, etc., by referring the victim F of the said District, to “humbing snow,” “humbing, flag, fladder, and homicide.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. A president of the F;

1. A report of investigation (related to the black stuffs and images submitted by Violence Victims C), a black stuff, and a CD;

1. Application of the investigation report (related to the cell phone image submitted by the FF of the insulting victim), cell phone image CDs, and the application of Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant had a record of multiple punishments for violent crimes, but again commits each of the crimes in this case.

However, there is no record of punishment exceeding a fine, and there is no previous conviction for the last five years, depth and reflects the crime, and other various sentencing conditions, such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., shall be determined as the order and the execution thereof shall be suspended on the condition that probation shall be imposed.

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