(영문) 의정부지방법원 2017.02.14 2016고단5452

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(영문) 의정부지방법원 2017.02.14 2016고단5452

폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 3, 2016, the Defendant tried to take a scale to G convenience stores located in Gyeonggi-gun B, 00:55 on July 3, 2016, on the ground that the victim E (38 years of age) was frighted, and that the victim E (38 years of age) was frighted, “I ambling the victim’s breast and part of the victim’s breast and neck, anywhere,” and assaulted the victim’s chest by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, G, H, I, J, K, and L;

1. On-site reports and investigation reports (CCTV investigations, etc.);

1. Application of the photographic 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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommendation] No person who has no basic area (2 months to October) (2 months) (the person subject to special sentencing) / [the decision subject to sentencing] / In consideration of the fact that the Defendant had already been punished for multiple violent crimes, and that he again committed the instant crime without being aware of the fact that he had already been punished for multiple violent crimes, it is necessary to punish the Defendant solemnly.

However, in full view of the various circumstances, such as the confession of the Defendant to commit the instant crime, the deposit of KRW 200,000 for the victim, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined as set forth in the Disposition

참조조문

-형법 제62조 제1항

-형법 제260조 제1항

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