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(영문) 부산지방법원 서부지원 2018.01.11 2017고단847

폭행등

Text

A defendant shall be punished by imprisonment for six 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

On June 13, 2017, at around 01:45, the Defendant: (a) stated that the E convenience store located outside Busan YYD, which was reported and sent out by 112, would be able to arrest the Defendant as the current offender in the crime of assault; (b) stated that “Crhee gue, v. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W. L. L. L.W. L. L.W. L. L. L.W.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] The act of obstructing the performance of official duties shall be punished strictly, and the act of obstructing legitimate performance of official duties shall not be assigned.

However, considering the fact that the defendant seems to have an attitude against the defendant, the fact that he/she has no previous conviction or heavier than the fine, the execution of the sentence shall be suspended only once in consideration of the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the arguments in this case.

Rejection of Public Prosecution

1. On June 13, 2017, the Defendant: (a) around 01:45, at the E convenience store located in Busan Seo-gu, Busan, and without any justifiable reason, she took a bath for the drinking of the victim H (maek 17) without drinking; and (b) the Defendant her kne kne kel and kne keled one time to drinking the back of the victim, who was on a kne kne kel and kne kel.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. Submission of an unwritten application for the punishment of a victim on January 8, 2018 after institution of the prosecution;