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(영문) 대구지방법원 상주지원 2015.09.01 2015고단321

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 15, 2015, around 18:25, the Defendant: (a) committed assault against the victim, such as, in the course of questioning, the victim D (the victim 37 years of age) who was trying to have his father and grow up, the victim was able to have the victim grow up over the victim’s shouldered floor with his shoulder.

Summary of Evidence

1. The defendant's partial statement in court (a statement that he/she took a hand to the victim's shoulder);

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The judgment and defense counsel on the assertion of the defendant and defense counsel under Article 59 (1) of the Criminal Code (the punishment to be postponed: fine of KRW 200,000 won per day, detention in a workhouse: 100,000 won in favor of the reasons for sentencing as below, etc.) of the suspended sentence is asserted that the defendant's act constitutes a justifiable act because it does not violate social rules. However, such an act of the defendant is reasonable, and it cannot be viewed that it has supplementary nature that there is no urgency or other means or methods. Thus, it cannot be viewed that it does not violate social rules, and the illegality is excluded.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

There is no record of criminal punishment against the defendant for sentencing.

In addition, there are no circumstances to consider the circumstances leading to the defendant in this case.

In addition, in light of the various circumstances favorable to the defendant, the sentence will be suspended for the defendant.