beta
(영문) 부산지방법원 2017.06.16 2016고단7056

폭행등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

"2016 Highest 7056"

1. On October 7, 2016, the Defendant: (a) 15:15 on October 7, 2016, 2016, as the Busan East-gu, Busan-dong, 353 was in combination with the victim C (38 years) who was drinking in the event of the next event; and (b) when the victim was drinking together with the victim who was drinking in the event of his/her illness, he/she committed assault when 7-8 times the victim’s face was fluent.

"2017 Highest 1837"

2. On December 13, 2016, around 13:30, the Defendant: (a) was under the influence of alcohol on the victim D (53 tax, female) in front of the branch office of a corporate bank located in 351, a company bank located in Busan East-gu, Busan, and caused the victim to face the victim’s head.

As a result, the Defendant got the victim to know the number of days of treatment.

Summary of Evidence

"2016 Highest 7056"

1. Statement by the defendant in court;

1. C's statement by the police '2017 Highest 1837';

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment with prison labor for the crime;

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. Although there is a record of multiple criminal punishment for violent crimes for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, the punishment for each of the crimes of this case shall be determined as ordered by comprehensively taking into account the following factors: (a) the fact that the crime was committed against the victim of the injury, (b) the fact that there is no record of criminal punishment exceeding the fine since May 199, (c) the fact that there is no record of criminal punishment exceeding the fine since 199, (d) the Defendant’s age, sex, environment, background leading to the crime, and circumstances after the crime.