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(영문) 서울남부지방법원 2016.06.22 2016고단1393
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

At around 01:00 on April 5, 2016, the Defendant, at the “D Hospital” emergency room in Guro-gu Seoul Metropolitan Government, was unable to receive treatment for the reason that the 119 emergency medical service personnel did not move back to the nearest hospital, and did not receive treatment for the reason that he did not take it back to the nearest hospital, and was under the influence of alcohol, the Defendant assaulted the victim E (22 years) who is an emergency security personnel of the above hospital, by taking the desire to take care of the victim’s body by hand, and by taking care of the victim’s sexual organ one time.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Reporting on dispatch to domestic violence sites;

1. Application of investigation reports (CCTV investigation) and CD-related Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime even though the Defendant had been sentenced to more than 20 times due to the same kind of crime in the past.

However, in consideration of the fact that the defendant's mistake is recognized late, the degree of violence is not much serious, and the defendant is a disabled person of class 3 with hearing disability and a recipient of basic living who has difficulty in economic circumstances, the punishment as ordered shall be determined like the order.

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