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(영문) 서울동부지방법원 2017.04.19 2016고단4183
폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was employed by Seongdong-gu Seoul, the main owner of the D Mart building in Seongdong-gu, and worked as a "general director" in the position of "general director". The Victim F (26) was employed by D Mart management office and worked as a person under employment of D Mart management office. On October 25, 2016, when a fighting match occurred between the owners of D Mart building and the management office and the services employed on both sides and the police office, and the police was dispatched to the police on October 15:30, 2016, but the service was called as "on the spot any longer."

At around 16:05 on the same day, the Defendant, on the grounds that the entrance glass windows of D Mart audience, such as the victim, carried the repair work, and returned to the site, was taken as a mobile phone screen image, and that “the victim’s arms, plucking, and plucking up the arms of the police.” The Defendant committed assault against the victim’s neck, flapsing, dumping, dumping, dumping, and dumping, and dumping, and dumping, dumping, dumping, dump, and dumping, and doing so even though people control.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Application of F’s statutory statement legislation;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order [decision of sentence]: Imprisonment with prison labor for six months, suspension of execution of two years, observation of protection and attendance order 40 hours (former imprisonment with prison labor for six months) shall be determined as per Disposition, comprehensively taking into account the following circumstances: the Defendant’s age, sexual behavior, family relationship, home environment, motive and means of crime, and circumstances after the crime, etc.

The favorable circumstances are confessioned, and are against the law.

It is serious that the degree of assault which appears to have been done by contingent action is serious.

It is difficult to see it.

Unfavorable circumstances: Dwork-related around July 16, 2014.

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