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(영문) 서울중앙지방법원 2014.02.14 2013고단3415
폭행
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

On May 26, 2013, at around 23:30, the Defendant: (a) in a restaurant located in Gwanak-gu in Seoul Special Metropolitan City on May 26, 2013; (b) in the so-called “C” restaurant; (c) in the so-called “C” restaurant; (d) in the said restaurant; and (e) in the said restaurant, the Defendant duplicatedd the victim’s face on one occasion; and (e) duplicated the victim’s side by drinking, and assaulted the victim at one time.

Summary of Evidence

1. Statement of D police statement;

1. Investigation report (verification of motion pictures);

1. CCTV images;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. Selection of imprisonment with prison labor as a matter of choice of punishment (a summary matter, but a fine of one million won has been imposed by the Seoul Northern District Court on June 29, 2009, and a fine of five hundred thousand won has been imposed by the Seoul Central District Court on December 7, 2011, and a fine of five million won has been imposed for the crime of bodily injury on January 5, 201, and two times in total is imposed by the Suwon District Court on January 5, 2012).

1. It is so decided as per Disposition on the grounds that the execution of a sentence for one year or more is suspended (the following circumstances favorable to the defendant in relation to the ordinary, namely, the minor extent of violence, ② the fact that it is a contingent crime, ③ the fact that it is a contingent crime, ③ the fact that the execution of a sentence for a defendant who has no criminal record of a suspended sentence for not more than 10 years is suspended) or more than one year on the grounds that the suspended sentence for a period of one year or more is suspended (the execution of a sentence for a defendant who has no criminal record of a suspended sentence for not more than 10 years is suspended).

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