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(영문) 서울동부지방법원 2014.09.18 2013고단2595
폭행
Text

A defendant shall be punished by imprisonment for four 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 September 26, 2013, at around 06:40, the Defendant, at around 06:40, expressed a desire to clean in the male toilets in Gangdong-gu, Gangdong-gu, Seoul, 455-21, for the victim C (30 years of age) who emitted from the vision, expressed the desire to the victim, and used the victim's right-hand bomb with the hand floor when her desire to do so one time.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Crimes of Type 1 (General Violence) (No person with a special punishment] [Determination of sentence] The crime of this case is likely to be subject to criticism as a crime of assaulting a victim without any special reason while the defendant is recognized at the investigation stage and divided, the defendant is a contingent crime, and the defendant was punished by violence, etc. for the last ten years, but there is no criminal conviction exceeding fine.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the circumstances that led to the defendant to commit the crime, the age, character and conduct, environment, motive and circumstances of the crime, the result of the crime, the circumstances after the crime, etc., as shown in the arguments in this case.

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