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(영문) 서울북부지방법원 2019.02.15 2018고단3659
폭행
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On July 3, 2018, at around 14:25, the Defendant assaulted the victim’s face on the front of C real estate located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul at around 14:25, with the victim D (at least 57 years of age) and parking problems.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A protocol concerning suspect examination of D;

1. Investigation report (CCTV perusal and reproduction);

1. On-site photographs;

1. Application of Acts and subordinate statutes of report on internal investigation (12 report sheet);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture order is that the defendant had been already punished several times for the same kind of crime, but the victim was also at a disadvantage of the defendant, and even though the defendant had exercised some form of force, such as franchising, etc., the victim also expressed his intention not to punish him, considering the circumstances favorable to the defendant, and other factors such as the defendant's age, character and behavior, environment, relationship with the victim, motive, circumstance, means and result of the crime, and all of the sentencing conditions in the process of the trial, such as the records of this case and the circumstances after the crime, shall be determined as the order.

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