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(영문) 서울서부지방법원 2018.06.12 2018고단1220
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

1. On January 1, 2018, around 07:25, the Defendant: (a) expressed the victim’s desire to see that the victim’s horse speculation does not appear in the victim E (42 tax) at the D main points located in Yongsan-gu Seoul Metropolitan Government, and (b) assaulted the victim’s left part of the victim’s horse at one time on the part of the victim’s drinking.

2. On January 1, 2018, at the same place as around 13:28 around 13:28, the Defendant undergone the police investigation with the assault referred to in paragraph 1, and thereafter took the main place thereafter, the Defendant took a bath to the victim of the victim and the victim of the victim, she see “I see another person,” and assaulted the victim’s face at one time by taking the face into consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the Acts and subordinate statutes concerning the closure of each CCTV image images;

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

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in paragraph (2) of the same Article concerning a heavier crime);

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 crime - Crimes of assault under paragraph (2) of the same Article - One type (Special Sentencing Person) (Special Sentencing Person) mitigated element - Where the degree of assault is minor [the territory of recommendations and the scope of recommendations] mitigated area, one month to eight months of imprisonment;

(b) Concurrent Crimes - Crimes of assault under paragraph (1) of the same Article - One type (Special Sentencing Person) (Special Sentencing Person) mitigated element - Where the degree of assault is minor (the territory of recommendations and the scope of recommendations) mitigated area, one month to eight months of imprisonment.

C. Many crime processing standards: one month to one year of imprisonment (the lowest limit shall be one month, which is the lowest limit of the sentence scope of the basic crime, and the upper limit shall be eight months, which is the upper limit of the sentence scope of the basic crime.

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