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(영문) 수원지방법원 성남지원 2013.06.14 2013고단880

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

On April 13, 2013, at 00:40 on April 13, 2013, the Defendant told the victim B (the age of 49) who was an engineer operating his vehicle on behalf of another vehicle at the Yandong 2-dong 30, Seongbuk-gu, Sungnam-si, Sungnam-si, and attached a vision, and said, with both hand, the Defendant stated that he will blick the victim’s breath, which is a dangerous object stored in the bridge of the said vehicle (one meter in length) and put him on the victim.

Accordingly, the defendant assaulted the victim and threatened him with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of seizure records and list statutes;

1. Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for a crime of elective assault;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201; 201Do134, Feb.

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;