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(영문) 수원지방법원 평택지원 2017.08.16 2017고단1455

폭행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Injury;

A. On April 4, 2017, the Defendant, around 20:00 on April 4, 2017, suffered injury, such as an unknown secte, in which the victim D (n, 25 years old) of female-friendly job offers had refused the Defendant’s demand, on the ground that the Defendant again rejected the Defendant’s demand from the female-friendly job offers victim D (n, 25 years old) in QM5 passenger cars near QM C, the Defendant sustained injury on the part of the victim on the part of his hand, making up for about 15 days on the part of the Defendant.

B. On June 25, 2017, the Defendant: (a) pointed out on June 25, 2017, 201: (b) around the Defendant’s house in Ansan-si, Ewon Stud 405, that the victim D had a bad condition before the Defendant’s house; (c) was humped from the victim, and (d) humpeded the victim’s desire to take the victim’s breac with her hand, thereby causing injury to the victim, such as hump, for which 28 days of treatment is necessary.

2. On July 7, 2017, the Defendant violated his residence by entering the victim’s house through the entrance door, which was opened in excess of the victim’s house wall, in mind of agreement, on the case of assaulting the victim by the victim’s house F at the time of 00:40 on July 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of each injury diagnosis certificate, on-site photographing statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Article 319(1) of the Criminal Act (the point of intrusion upon residence) and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the so-called “trub violence” case with the reason for the protection and observation of the crime and the sentencing of Article 62-2 of the same Act, and there are unfavorable circumstances, such as the case and the nature of the crime in light of the method of crime, the form, and the degree of injury, and the defendant has been punished for several violent crimes. However, the defendant appears to have been detained for about one month as the instant case, and the victim