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(영문) 서울중앙지방법원 2014.07.24 2014고단1917
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

On March 30, 2014, around 02:30, the Defendant assaulted the victim E (year 22) at one time due to the second hand of the victim's shoulder and the second hand of the victim's face, on the front day of the "Dcafeteria" in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] from January to August, 1 to the mitigated area (see, e.g., Supreme Court Decision 2009Do1448, Apr. 23, 2009). [1] The sentence shall be determined as per the disposition and its execution shall be suspended, taking into account the following: (a) the mitigated area (i) type 1 (general assault) (i.e., the degree of assault is minor) (i., January to August, and special mitigation) / (b) the Defendant has strong violent inclinations, such as having been punished several times for the same crime; and (c) the Defendant did not agree with the victim.

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