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(영문) 서울남부지방법원 2018.12.20 2018고단4248
폭행
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2018, around 20:10 on August 20, 2018, the Defendant: (a) while singing the victim F and body fighting in Esing rooms located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, reported that the victim was in need of gathering an empty beer disease; and (b) caused the victim’s back head by gathering an empty beer who is a dangerous and dangerous object.

Accordingly, the defendant assaulted the victim by using beer disease, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of on-site photographs and the Acts and subordinate statutes governing the parts damaged by the F;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing factors indicated in the trial process of this case, including the accused’s age, sex, environment, previous conviction, etc., shall be determined as ordered in consideration of the following: (a) confession of the crime with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) agreement with the victim; and (c) there is no record of punishment exceeding the fine.

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