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(영문) 서울서부지방법원 2019.10.22 2019고단2647
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 23, 2019, around 02:10 on July 23, 2019, the Defendant assaulted the victim E (the 16-year-old) with the Defendant’s hand, without any justifiable reason, at the C’s convenience store, by putting the head of the victim D (the 15-year-old-age-old-age-age-age-age-age-age-long-long-long-up-long-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes on internal investigation reports (to attach and confirmCCTV images);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 260 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: Each of the assault crimes (determination of types) and violence crimes (general assault) mitigated elements - mitigated elements - Where the degree of assault is minor (the area of recommendation and recommendation range) mitigated area, one month to eight months of imprisonment; and

(b) Handling multiple crimes: One month to one year of imprisonment (the lower shall be one month, which is the lowest limit of basic crimes, and the upper limit shall be added up four months, which is 1/2 of the upper limit of concurrent crimes in August, which is the maximum limit of basic crimes); and

3. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution for one year (unfavorable circumstances) of a stay of execution, repeating a crime that causes violence under the influence of alcohol (negative). The degree of assault is minor, and the defendant's mistake is divided and does not repeat a crime;

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