The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

At around 03:50 on March 30, 2013, the Defendant assaulted the victim by her husband and the victim D (n, 42 years of age) and her husband and victim D (n, 42 years of age) on the ground that the Defendant’s equipment was recycled in the “C” restaurant of the 1st floor of the YU-gu Seoul Special Metropolitan City, Seocheon-gu building B.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol and statement of the accused;

1. Examination protocol of police suspect regarding D;

1. Application of CCTV-recording CD-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and Article 260 of the same Act concerning the applicable criminal facts and the choice of punishment;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (one day converted into 50,000 won) of the Criminal Act;

1. The phrase "when the circumstances prior to the opening of sentence" in the condition of suspended sentence refers to a case where the defendant would not be subject to the punishment even if the sentence was not imposed considering comprehensively the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, and the situation where the defendant would not be subject to the punishment again. On the contrary, the phrase "where the circumstances prior to the opening of sentence is obvious" is limited to a case where the defendant is in depth of the crime, or it is not interpreted that the suspension of sentence may not be always made in a case where the defendant denies the criminal facts without confession.

(See Supreme Court en banc Decision 2001Do6138 Decided February 20, 2003, etc.) Article 59(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 2001Do6138, Feb. 20, 2003)