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(영문) 서울남부지방법원 2017.07.12 2017고단773
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:00 on May 5, 2015, the Defendant: (a) was changed to the Defendant on the ground that the ordinary victim was sleeped while living in adjoining the neighbors of the victim D(W, 36 years of age) located in Guro-gu Seoul Metropolitan Government, Guro-gu and 103 on the ground that the victim was sleeped while living in adjoining the neighbors.

In doing a bath theory, “the victim committed violence to the victim by booming the breath of the victim’s breath with his hand.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment. Article 260 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering that there are many kinds of criminal records of the same kind of punishment for the reason of sentencing in Article 62-2 of the Criminal Act with regard to the observation of protection and observation, it is necessary to place the accused with severe punishment. However, considering the fact that the accused is against the crime, the fact that there was no other criminal records prior to the crime of this case after the suspended sentence was sentenced in 2008, and the degree of assault is relatively minor, a punishment as ordered shall be determined

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