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(영문) 서울서부지방법원 2017.01.18 2016고단3467
폭행
Text

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

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

Reasons

Punishment of the crime

around 23:35 on October 20, 2016, the Defendant assaulted the victim E (20 years of age), who is an employee of the convenience store, in hand, on the ground that the said convenience store gets tobacco from the convenience store in the Defendant’s house, and the said convenience store gets smoked from the convenience store in the Defendant’s house.

around 00:10 on November 4, 2016, the Defendant used the victim E (20 years of age) working as the source at the D convenience store in Eunpyeong-gu Seoul, Seoul around 00:10 on November 4, 2016, despite the Defendant demanded around October 20, 2016 to agree on the case in which the victim assaulted the victim, the victim refused the request, allowing the victim to out of the convenience store, allowing the victim to take out of the convenience store, and assaulted twice the victim’s face on his hand.

Summary of Evidence

"2016 Highest 3467"

1. Statement by the defendant in court;

1. Records of the police statements of E "2016 Senior 3657 Senior 3657";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentence of Article 62(1) of the Act on the Suspension of Execution and Punishment of Crimes No. 1 [Scope of Recommendation] for the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below] and Article 62(1) of the Act on the Suspension of Execution and Punishment of Crimes No. 2 (the scope of Recommendation) for which there are no person subject to special sentencing [the scope of Recommendation] for the basic area (two months to ten months) for the first type (special assault) of the Act on the Punishment of Violence and No. 2] for the basic area (two months to ten months): The final sentence scope for multiple crimes without any special sentencing: February to one year and three months [Pronouncement] for which the defendant has a record of criminal punishment for the same kind of crime is unfavorable to the defendant. The defendant recognized all of the crimes of this case and divided his mistake, and the age, sex, behavior, environment, etc. of the defendant.

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