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(영문) 서울서부지방법원 2018.05.04 2017고단2712
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 17, 2017, the Defendant was sentenced to two years of suspended sentence for a crime of assault in Seoul Western District Court on October, 2017, and the judgment became final and conclusive on August 25, 2017, and is currently under suspended sentence.

On September 11, 2017, around 12:50 on September 11, 2017, the Defendant assaulted the victim's face at one time due to an automatic rain in front of Yongsan-gu Seoul Metropolitan Government, on the right side of the victim D (53 tax).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of the Acts and subordinate statutes on pictures used for committing a crime;

1. Grounds for sentencing under Article 260 (1) of the Criminal Act (Selection of Imprisonment with prison labor) in relation to the facts constituting an offense;

1. The scope of assault and crime subject to the recommendation of the sentencing criteria, the basic area (from February to October);

2. In light of the fact that the Defendant committed a second offense during the period of the suspended sentence, the record of two recommended assaults in 2017, and the record of two recommended assaults investigation, all of which are crimes involving criminal offenders, and the degree of the assault in this case was serious, considering the favorable circumstances that the Defendant did not have the same criminal records as the above criminal records, in addition to the above criminal records.

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