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(영문) 서울중앙지방법원 2016.09.01 2016고단5006
폭행
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On July 8, 2016, the Defendant did not get off from a taxi in front of Gangnam-gu Seoul Metropolitan Government, which was on the street around 10:40 on July 8, 2016, and thus, the Defendant did not get out of the taxi.

Accordingly, the Defendant expressed a bath to the above person under his name, and the victim D (the age of 35) who driven a vehicle in the taxi after the taxi was lowered from the vehicle, and the Defendant was able to take a bath against the Defendant, and the Defendant was assaulted on the victim’s face by breaking down the cab with the breath’s breath and booming the victim’s breath.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) reflects the Defendant’s fault in depth, and the damage caused by the instant crime seems to be relatively minor. However, in full view of the background and method leading to the instant crime and the fact that there are very many records of criminal punishment for the same kind of crime, the Defendant appears to have high risk of recidivism. As such, the Defendant selects a sentence of imprisonment, and the Defendant’s age, character and behavior, career, family environment, etc. are considered as the conditions for sentencing specified in the instant pleadings, including the above circumstances and all other circumstances.

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