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(영문) 서울남부지방법원 2019.10.16 2019고단3037
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 April 1, 2019, at around 21:36, the Defendant assaulted the victim D (25 years of age) who was waiting to board a bus in front of the C regularly landing point in Gangseo-gu Seoul Metropolitan Government on April 1, 2019 by putting the victim’s clothes on his left hand without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigative report (related to the attachment of CCTV images);

1. Application of the Acts and subordinate statutes concerning CCTV image CDs and caps photographs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has been punished for the same kind of crime several times, and there is room to view that the defendant requires strict punishment in light of the risk of assaulting the victim first on the road without any reason under the influence of alcohol.

However, considering the fact that the defendant shows the attitude of recognizing the wrongness in this court, the defendant's attempt to stop and not repeat the crime, the degree or result of violence is not very serious, and the defendant's motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, economic circumstances, etc., the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing, such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age

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