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(영문) 서울동부지방법원 2015.07.16 2015고단673
폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

At around 18:20 on March 23, 2015, the Defendant: (a) at the Seongdong-gu Seouldong Police Station, the Defendant: (b) did not promptly handle the case to E by a slope affiliated with the Seoul Sungdong Police Station that is a victim of the instant case, among those reported by the above D, while the instant case is being dealt with; and (c) stated that “the Defendant sent to the house as soon as possible, as soon as possible, flap, and immediately as soon as possible, flap, flap, and flas that are not a bitch,” and insultd the victim, such as spiting the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 311 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. As to the Defendant’s assertion on suspended execution under Article 62(1) of the Criminal Act, the Defendant asserted that he was in an insane or weak condition at the time of the instant crime, and thus, according to each of the above evidence, the Defendant was under the influence of alcohol at the time of the instant crime. However, in light of the overall circumstances such as the content of the instant crime and the Defendant’s conduct before and after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

The circumstances that are disadvantageous to the reasons for sentencing: The defendant is sentenced to a fine for an injury in 2014; the obstruction of the performance of official duties in 2009; the defendant is sentenced to imprisonment with prison labor for an injury in 2008; the obstruction of the performance of official duties in 208; and the insult of imprisonment with prison labor for an injury in addition to the previous criminal records of the suspension of execution of imprisonment with prison labor for an injury in 20 times: The defendant does not relatively heavy harm to assault; the defendant is recognized to be erroneous; and the part of dismissing the punishment by taking into account all factors of sentencing indicated in the records

1. The summary of the facts charged (Assault) is as follows:

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