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(영문) 춘천지방법원 원주지원 2018.09.06 2018고단726

폭행

Text

A defendant shall be punished by imprisonment for four months.

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 June 28, 2018, the Defendant used the victim’s knife by knife his hand while disputing the victim’s knife at the “E” restaurant under the “E” restaurant operated by the victim D (Inn, 49 years old) at Won-si and Dadong 36, around 17:10 on June 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] No person [No person subject to special sentencing] in the basic area (two months to ten months] [Determination of sentence] / [Judgment of sentence] / The defendant is found to be erroneous, violence was committed once, violence was committed, there was a record of repeated criminal punishment due to the crime of violent inclinations, and other various circumstances, including the defendant's age, sex, character, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence is determined as per the order.