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(영문) 서울남부지방법원 2017.11.23 2017고단4229
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 9, 2017, the Defendant: (a) around 04:10, around 391, at the front of the Home Packer located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant: (b) demanded the victim to pay the victim’s head car and pay the victim’s head at one time, and assaulted the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness C’s statement legislation

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order have several times of force, there are unfavorable circumstances, such as the fact that the defendant again had the same kind of force in the instant crime, denies the crime, and failed to make efforts to recover damage, it shall be taken into account equally because of the most favorable circumstances, such as the fact that there has been no same kind of force.

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