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(영문) 부산지방법원 2017.02.07 2016고단7202

폭행등

Text

A defendant shall be punished by imprisonment for 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

(b) assault on two occasions;

"2016 Highest 8007"

1. On November 16, 2016, the Defendant: (a) around 11:45, the victim D (38 years old) was absent on the road located in B in Busan Northern-gu, Busan, but the victim’s disregarded, “Finch kis”; (b) once the victim’s left-hand knife was knife by hand; and (c) the coffee used by the victim as a result, once again turned back the victim’s head into the Defendant’s clothes.

Accordingly, the defendant assaulted the victim.

2. 모욕 피고인은 위와 같은 일시 및 장소에서 위와 같이 피해자 D를 폭행한 뒤, 다른 주민들이 위 할인 마트 앞 평상에 앉아 있었음에도, 피해자에게 “야 이 씨 발 자슥아, 야 이 거지 같은 새끼야, 야 이 호로 새끼야” 라는 등 욕설을 하였다.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

[2016 Highest 7202]

1. Statement by the defendant in court;

1. Statement protocol with regard to D, and suspect examination protocol;

1. Investigation report (on-site situation, telephone investigation);

1. Statement by the defendant in court;

1. Statement protocol and petition filed with D;

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 260(1) and 311 of the Criminal Act, and the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] for the reasons for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] the aggravated area of Category 1 (General Violence) (4-1 year) [the specially aggravated person] The motive for the crime of insult (excluding Category 7)]* The crime of insult is not subject to the sentencing guidelines, and the lower limit of the recommended sentence is considered only. [the decision of sentencing] The defendant is chosen to imprisonment in light of the defendant's criminal history, the contents of the instant crime, etc., but the execution of sentence is postponed by taking into account that the defendant misleads

Provided, That in order to prevent recidivism, a protection observation and an order to attend a lecture shall be imposed.