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(영문) 서울중앙지방법원 2019.05.13 2018고단7597
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 1, 2018, around 12:45, the Defendant assaulted the victim’s face at one time because the victim C(29 years of age) who was confined in the same ward in the Seoul detention center room located in 143, Jinyang-ro, Mayang-ro, 143, had a good appraisal by not being able to see that he was “ how to think of how to see a person’s face,” but the victim was able to read as “Is that he would know about a person’s face.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Application of three copies of photographs to Acts and subordinate statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: (a) there are a lot of records of crimes, including a prior conviction of the same kind of probation in the past; (b) the crime of this case was committed in a detention house while the defendant was tried due to the same kind of crime; (c) favorable circumstances such as the fact that the defendant does not reach an agreement with the victim: The defendant recognizes and reflects all the crimes of this case; (d) the form and degree of the crime of this case are not much serious; and (e) the defendant's separate trial against the defendant is continuing in the appellate court; (b) the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc. are considered as a whole, and the sentence against the defendant is set as the order of the defendant.

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