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(영문) 의정부지방법원 고양지원 2015.08.13 2014고단2160
폭행
Text

A defendant shall be punished by imprisonment for six 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

At around 07:30 on September 11, 2014, the Defendant assaulted the victim’s face, i.e., f., in the “D restaurant” where the Defendant, located in Goyang-dong, Yongsan-gu, Yongsan-gu, would work as an employee, without any particular reason, while doing any dispute with the victim E (the age of 21).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

1. Article 260 (1) of the Criminal Act applicable to the crimes and Article 260 (1) of the Election of Imprisonment or Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than two years;

2. Application of the sentencing criteria (decision of type), violence crime, assault crime, general assault (special assault) (decision of recommending type), basic area of punishment, February of imprisonment and October of the sentencing criteria;

3. One year of suspended sentence (the sentence shall be imposed in the same way as the order, in consideration of the circumstances of the crime, the fact that there is no criminal conviction above the suspended sentence, the fact that the defendant wants to be suspended of sentence, the age of the defendant, character and conduct and criminal record relations, etc. although no measures have been taken to injure the victim, such as agreement, etc., but there is no room to regard him as an contingent crime, in particular,

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