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(영문) 부산지방법원 2020.06.26 2020고단679

폭행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2019, the Defendant: (a) around 09:23, the driving of the victim D (Nam, 30 years of age) who operated the Ortoba on the front side of Busan, Busan, is not in mind; (b) the victim stopped on the third line; (c) the victim stopped on the second line of the victim; (d) the Defendant stopped on the second line of the vehicle; and (e) the victim was faced with plastic water disease through the steering steering window; and (e) the victim was breaddd on four occasions at the seat of the vehicle and the flick and the arms the victim worn.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of the punishment, and February through October.

3. Although the degree of assault and assault against the sentence is not somewhat weak, it appears that it was caused by editing and aggressive words, such as over-the-counter and aggressive words, the court did not seem to have any attitude against the victim's act in this Act. Since 2014, there have been several records of punishment, including punishment for suspended execution of imprisonment on two occasions by various illegal acts, including the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered by taking into account the various sentencing conditions specified in the arguments in this case, including the defendant's age, character and behavior, environment, motive and circumstances after the crime