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(영문) 부산지방법원 2015.10.08 2015고단1041

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 19:00 on January 3, 2015, the Defendant: (a) boarded a taxi operated by the victim E (year-old 62) in the vicinity of the Dat in Busan-gu, Busan-do; (b) taken the back head part of the victim’s back head one time due to the defect that the victim knew of the path; (c) arrived at the front side of the “G cafeteria” located in the Busan-gu, Busan-gu, and then 19:15 on the same day at around 19:15, the Defendant used the victim to get out of the taxi to get out of the taxi; and (d) assaulted the victim one time at the right side of the victim’s right side due to drinking.

around 01:10 on February 26, 2015, the Defendant reported the victim J (18 years of age) to the pelf adjacent to the “I cafeteria” located in the Busan-gu Busan-gu, while drinking the victim’s face, followed up to three times the victim’s face by drinking the victim’s face going over the floor, and inflicted a wound to the left part of the victim’s face where it is impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect to J;

1. Statement of the police statement of E;

1. A medical certificate;

1. Application of each statute on photographs of damage;

1. Articles 260 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order, crimes No. 1 [the scope of recommendations] for the first category of general injury [the scope of recommendations] and the basic area [4-1-6 months] for the second class [the scope of recommendations] for the second class [the scope of recommendations] for the second class of assault crimes, the basic area (2-10 months to the general violence] (2-10 months] for the second class without any special person] (the scope of final sentences for the second class of crimes: April-11 [the decision of sentence] for the second class of crimes: the fact that there are a majority of power; the fact that no agreement has been made with victims; the fact that no agreement has been made