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(영문) 서울북부지방법원 2019.05.16 2018고단5163
폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2018, the Defendant committed the crime of August 12, 2018, and the Defendant’s house located on the second floor, assaulted the victim, such as: (a) the Defendant and the former male-gu D’s cell phone deduction of the Defendant’s cell phone in order to speak that the Defendant and the former male-gu D’s telephone dispute by telephone; (b) the Defendant took the back of the victim by taking the back the victim’s cell phone; (c) the victim’s hair knife knife knife knife knife knife knife knife knife knife knife knife knife

2. On August 16, 2018, the Defendant committed the crime committed on or around August 16, 2018, sent a G message stating that the Defendant sent the former male-gu Eel F, and that the victim sent the former male-gu Eel F, “A shall have a mental disorder.” On the ground that the Defendant took a dispute, and assaulted the victim, such as taking the victim’s face back by hand and raising the victim’s head by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is an unfavorable circumstance against the Defendant, in light of the form of crime and the Defendant’s punishment power in the past, etc., the crime of this case is likely to have a high risk of recidivism, and the Defendant did not receive a written indictment from the victim.

On the other hand, the fact that the defendant is against the law, and that there is no criminal conviction or more than the suspension of execution is favorable.

In addition to each of the above circumstances, the sentence identical to the disposition shall be imposed by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the defendant's age, character and conduct, occupation and environment, and the background of each of the

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