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(영문) 서울북부지방법원 2017.03.28 2016고단5894
폭행
Text

The punishment of a defendant shall be four months by imprisonment.

Reasons

Punishment of the crime

[criminal records] On February 3, 2015, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with labor for interference with business affairs at the Seoul Central District Court on February 3, 2015, and the judgment was finalized on February 11, 2015.

On February 9, 2017, the Defendant was sentenced to the punishment of 8 months of imprisonment and 600,000 won of fine by obstructing business operations at the Seoul Northern District Court, and the appeal is in progress.

[2] On November 24, 2016, around 21:05, the Defendant received a request from N (N) located on the first floor of Seongbuk-gu Seoul, Seongbuk-gu Seoul Metropolitan Government M M, with the meaning that “I shall not enter the bar, other than a sobry and sobing corridor, if I wish to drink and make soup, I would like to receive a request from N (N) on the part of N (N).”

The Defendant assaulted the victim N's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

1. Criminal history: Inquiry into criminal history and the application of Acts and subordinate statutes of a report on criminal investigation (verification during the suspension of execution);

1. Determination of punishment under Article 260 (1) of the Criminal Act regarding the facts constituting an offense;

1. The sentencing criteria recommended: Imprisonment with prison labor for two months to October; and

2. Determination of punishment: to recognize errors and to be under the influence of alcohol;

However, the probation period was still in force, and there was no error in the victim.

The number of criminal records related to violence and interference with business is very high.

In addition to this case, a trial is underway for a crime committed during the period of suspended execution.

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