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(영문) 서울남부지방법원 2015.08.07 2015고단933
폭행
Text

A defendant shall be punished by imprisonment 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

At around 22:00 on March 13, 2015, the Defendant: (a) expressed the victim’s desire to be “this son” on the ground that the victim’s daily activity is bad; (b) expressed the victim’s face, head, and part of the son’s face at one time; (c) opened the victim’s D (19 years old); (d) opened the victim’s chest part of the son’s chest (20 years old); (d) 19 years old; (e) 22:0 years old; (e) 22:0 years old; (e) 3 years old; and (e) 3 years old; and (e) 4 years old; and (e) 19 years old; and (e) 2 years old; and (e) 3 years old; and (e) 4 years old; and (e) 5 years old; and (e) 19 years old; and (e) 4 years old; and (e) 1 year, 5 years old.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of G and H:

1. Each police statement to C, F, D, and E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims and report);

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The scope of final sentence due to the aggravation of multiple offenses for the reasons of sentencing under Article 62-2 of the Criminal Act for probation and community service order [the range of recommending punishment] and the crime of assault (the general assault) committed by category 1 (the general assault) (2-10 months) and the basic area (10 months) (no special person): The final sentence range due to the aggravation of multiple offenses: February-1 to June 10 [the decision of sentence] even though the defendant had been punished several times for the same offense, it is not good that the defendant again committed the crime in this case.

However, considering the fact that the degree of violence does not seem to be serious, various sentencing conditions such as the age, character and conduct of the defendant, environment and circumstances after the crime are taken into account, the sentence is determined as ordered according to the sentencing guidelines, probation is imposed, and the execution is suspended on the condition of community service.

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