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(영문) 수원지방법원 2014.08.13 2014고단3276

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 30, 2014, the Defendant, at around 23:00 on April 23, 2014, committed assault against the victim on the ground that the victim B (the 53 years of age, the 53 years of age, and the son) who was his wife did not breath abbbbb and took a bath for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended execution of sentence [type of crime] : Type 1 of assault crime committed by violent crime group - Basic field of general assault [the scope of territory and recommendation] - 2 months of imprisonment or 10 months of imprisonment [the decision of sentence] - 1 year of suspended execution of four months of imprisonment - The defendant, despite the fact that the defendant had been subjected to family protective disposition twice due to assault against the victim, has assaulted the victim again; on the other hand, the defendant recognized the defendant's mistake; on the other hand, the defendant does not appear to have unilaterally assaulted the victim; and there