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(영문) 광주지방법원 2019.01.10 2018고단1392

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 April 13, 2018, at around 23:05, the Defendant reported the victim D who was making a cell phone call before the convenience store in Seo-gu, Seo-gu, Gwangju, and used the victim's arms once a week without any particular reason, and used the victim's arms once a drinking part of the victim's left face as the victim resisted.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to photographs of a suspect who assaults a victim;

1. Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has committed the instant crime even though the Defendant was sentenced to a fine or a suspended sentence on several occasions due to the occurrence of violence inclinations, and in particular, the Defendant committed the instant crime while being sentenced to a suspended sentence of imprisonment by assaulting a police officer in 2016, it is inevitable to sentence the Defendant to imprisonment, in light of the fact that the Defendant committed the instant crime during

However, in full view of all the circumstances that form the conditions for sentencing as shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., along with the degree of tangible force of the Defendant’s use, the Defendant’s decision to suspend the execution of probation and community service for treatment in society only once on condition of probation and community service for treatment in society shall be made.