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(영문) 춘천지방법원 영월지원 2018.08.07 2018고단213

폭행

Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

1. On February 23, 2018, the Defendant assaulted the victim C (the 33 years of age) who is his/her spouse at his/her residence Nos. 203 of Gangwon-gun, Gangwon-gun, and the Defendant’s drinking, etc. and assaulted the victim’s face one time on his/her hand.

2. On March 28, 2018, the Defendant: (a) committed a dispute with the victim before the victim’s residence; (b) led the victim to his/her residence; and (c) committed a violence to the victim’s interests by double descendants.

3. On April 11, 2018, the Defendant spits spite the victim’s face while the victim and the Defendant were in dispute with drinking alcohol up to late in the above residence, and spite the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report on investigation (verification of intent of a victim);

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

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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service order, have a record of being punished several times for the same crime, the victim’s degree of damage, and other various circumstances that form the sentencing conditions indicated in the records of this case, such as the character, conduct, environment, motive, means, and circumstances after the crime, shall be determined as ordered by considering all the following factors.