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(영문) 서울중앙지방법원 2013.08.23 2013고단3814
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

On June 22, 2013, at around 04:50, the Defendant assaulted the victim C (the 49 years of age) (the son, the 49 years of age) who boarded a taxi in front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant and the her retirement club with the string of the taxi, with the defect that the Defendant would not get off the taxi in the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor (the case is insignificant, but the case is minor, the case has a history of having been sentenced to imprisonment with prison labor during the same criminal records (4 times) and the fact is not good in light of the circumstances of the crime);

1. The decision is made as above on the grounds that there is a reason for the suspension of the execution of one year (not less than three times of a fine) and one year of a suspended sentence (the following circumstances are relatively minor: ① the appearance of a crime is relatively minor; ② a contingent crime is a contingent crime; ③ a positive reason for the suspension of the execution of a sentence against a defendant is positive for the suspension of the execution of a sentence against a defendant) and more than the sentence on the fourth month of a suspended sentence of imprisonment with prison labor for not less than 2 months from 1 month of imprisonment with prison labor (limited to 2 months) to 3 months from 1 month of a suspended sentence under Article 62 (1) of the Criminal Act (limited to 3 months from 1 month of a suspended sentence).

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