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(영문) 창원지방법원 진주지원 2020.02.06 2019고단1143

폭행등

Text

A defendant shall be punished by imprisonment with prison labor 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

1. At around 18:50 on August 1, 2019, the Defendant: (a) sent the victim a public insult to the victim D (at the age of 71) who was seated at the same time in Jinju B apartment C, B apartment C; and (b) without any particular reason, the Defendant sent the victim a large amount of the victim “a brest to bre the brest, i.e., the breh., the breh., the breh., the breh., the breh.).”

2. The Defendant, as stated in the date and time set forth in the above Paragraph 1 above, exceeded the slicker reported at the place, and abused the victim 3 to 4 times as he was frightened to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A complaint;

1. 112 reported case handling table;

1. Each investigation report (Evidence Nos. 5, 19) (Evidence List 5, 19) (The defendant and his defense counsel asserted that the defendant and his defense counsel exceeded slicker in relation to the crime of assault, but do not seem to have been displayed as they appear to be drinking. However, according to the evidence of the judgment, since the defendant's use of force against the victim as stated in the crime is recognized, the above assertion by the defendant is not accepted

1. Article 311 of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

(c) multiple crimes;