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(영문) 서울남부지방법원 2015.12.22 2015고정128
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 23, 2014, around 13:25, the Defendant: (a) around the Yeongdeungpo-gu Office located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu; (b) deemed that the victim C (52 years of age) her strings the string of the banner set up at his/her place and escaped, and assaulted the victim by sprinking the victim’s blaps.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Police suspect interrogation protocol regarding C;

1. C’s statement;

1. Investigation Report (Report on Recording of Suspect's Statement) (Report on Recording of the Defendant's Statement) (The Defendant and his defense counsel asserted to the effect that the act in the Defendant's decision constitutes self-defense or legitimate act, but in light of the motive and circumstance of this case acknowledged by comprehensively taking account of the evidence in the judgment, the process, degree, and consequence of violence between the Defendant and the victim, the above act cannot be deemed as a legitimate act or self-defense that does not contravene social norms

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the inducement of a workhouse;

1. The meaning of suspended sentence: A system which suspends the sentence of a minor crime for a specified period and is deemed to be acquitted after the specified period has elapsed;

Effect of suspension of sentence: it shall be considered to be acquitted after two years have elapsed from the date of receiving the suspension of sentence (Article 60 of the Criminal Act). Lapse of the suspension of sentence: The suspended sentence shall be imposed when a person who receives the suspension of sentence becomes subject to a judgment of suspension of qualifications or more severe punishment, or when

(Article 61 of the Criminal Act). The sentencing prescribed by Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, is minor, when there are circumstances that may be considered in the course of the crime of this case under Article 59(1) of the Criminal Act.

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