beta
(영문) 전주지방법원 군산지원 2018.07.27 2018고단193

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

On January 26, 2018, the Defendant: (a) thought that female employees in the Bupyeong-gu Seoul apartment management office at the first management office around 13:25, 2018, the Defendant considered that he was the person before his previous offense; and (b) found the victim D (n, 39 years of age) who works in the management office as the manager's account; and (c) found the victim “the knife in width with the knife and discarded.”

The victim was found to have been suffering from the victim's scarf which was suffering from the victim's item in hand due to the defect that the victim tried to report as a mobile phone.

Accordingly, the defendant threatened the victim, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 283(1) of the Criminal Act (the point of intimidation) and the choice of imprisonment with prison labor;

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. The scope of the final sentence according to the aggravated punishment for multiple crimes (1, 4, 5) where the degree of the assault and intimidation is minor in the mitigated area (one month to eight months) (one month) of the mitigated area (one month to one month) of the assault and intimidation (the special mitigated person) [the scope of the recommended punishment] of the mitigated area (one month to eight months), the mitigated area (one month to one month to one month), the mitigated area (one month to one month to one month), the mitigated area (the special mitigated person] of the mitigated area (one month to one month): the final sentencing area according to the aggravated punishment for one month to five years [the sentence] of the instant case; the extent of the assault and intimidation does not focus on the favorable sentencing factors; the victim and the Defendant did not agree to the offender; the Defendant did not have been subject to a warning of the Defendant only for the violent crime of three years to the extent that it is disadvantageous to the Defendant; and the Defendant did not have been subject to the punishment of the instant case.