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(영문) 서울중앙지방법원 2014.06.05 2014고단456
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, 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

around 21:30 on December 26, 2013, the Defendant received an objection from the victim of the said restaurant in the “Ecafeteria” operated by the victim D (Inn, 53 years of age) located in Gwanak-gu Seoul Special Metropolitan City.

The Defendant: (a) expressed the victim’s desire to “Seak, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and plucked up the victim, and plucked up with the victim, and obstructed the victim from reporting or leaving the police; (b) the victim attempted to flee to the port by getting the victim out of the police; (c) the victim was boomed with the victim’s body while getting the victim out of the police; and (d) the victim boomed the victim with the victim “a bitch bitch bitch bitch bitch bitch,”

Accordingly, the defendant committed assault against the victim.

Summary of Evidence

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

1. Application of Acts and subordinate statutes of D;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Probation Criminal Act [Scope of Recommendation] Crimes of Type 1 (No Special Violence) basic area (No person in February or October) [Determination of sentence] of the Criminal Act: (a) a person having a previous offense of 14 times or of a fine; (b) a person having no agreement with the victim; (c) a person having no agreement with the victim is not significant; and (d) other conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, etc., shall be determined as ordered in consideration

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