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Reasons
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(영문) 서울서부지방법원 2019.01.17 2018고단3735
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2018, around 14:16, the Defendant assaulted the victim in the form of Seodaemun-gu Seoul, Yongsan-gu, Seoul, as a matter of delivery of the victim D (ma, 31 years of age) and goods before the second floor C, who was in dispute with each other.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. A photograph of seized articles, a photograph of CCTV and screen of a closure;

1. Photographs of damaged parts;

1. Application of on-site CCTV-related statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: A serious damage was likely to occur if the form of the act was dangerous, and the crime was not suspended due to the restraint of the surrounding people, by assaulting the victim, etc.

There are the same kinds of power.

A favorable circumstances: The Defendant has led to the confession of all the crimes of this case, recognized the mistake, and not repeating the crime.

Along with the victim, the agreement was reached.

There is no record of criminal punishment exceeding one fine.

In addition, in consideration of the defendant's age, character and conduct, environment, circumstances before and after the crime, circumstances of the crime, etc. and various conditions of sentencing specified in the record, the punishment shall be determined within the scope of the sentence specified in the sentencing guidelines, and the execution of the sentence shall be suspended.

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