beta
(영문) 부산지방법원 2017.12.15 2017고단4722

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On September 8, 2017, the Defendant: (a) entered the “E restaurant” in the operation of the Victim D (L, 50 years of age, hereinafter “D”) located in the Dong-gu Busan (hereinafter “D”), but, on the other hand, the Defendant was the time to complete the customer and the EM business from the injured party.

“I see the horses, I see the restaurant customers, and there are many and unspecified persons, and “I see” for about 30 minutes to the victim.

Whether a person has any alcoholic beverage or not

The victim openly insultingd the victim by openly haring the har “sark”, etc.

2. The Defendant assaulted the victim’s right shoulder in a mountain cane in his possession at the time and place specified in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of the investigative report (3.7 once a month), each photograph/cinematographic output, and the Acts and subordinate statutes in the complaint;

1. Relevant Article 260 of the Criminal Act and Article 311 of the Criminal Act concerning the selection of criminal facts;

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. In the case of violence on the grounds of sentencing under Article 62-2 of the Social Service Order Act, there are many criminal records of the same kind including probation, and in the case of insult, the court has been sentenced to a fine by formal trial on May 10, 2017. Since the crime of this case was committed since it did not exceed 4 months, it is highly likely to repeat the crime of this case, there is no compensation for damage, and there is considerable room to view the pro rata of mountain used as a tool of violence as a tool of violence, and there is a history that had been used as a tool of crime, and there is a history that had been used as a tool of crime.