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(영문) 전주지방법원 2016.10.06 2016고단1100
폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The Defendant was not good between the victim B (the age of 61) and neighbors.

At around 17:20 on April 2, 2016, the Defendant returned to the family of the victim located in the former North Korean territory C, but the victim returned to the family of the victim.

After that, at around 18:20 on the same day, the Defendant found the victim's house, thereby threateninging the victim to “I would like to go back because I would like to do so,” and “I would be able to die if I would like to do so.” On the one hand, the Defendant assaulted the victim’s coin once, and assaulted the victim as if I would like to see it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The application of Acts and subordinate statutes to each internal report (as to the statement of a shote, related to photographing photographs);

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has a record of having been punished several times for the same kind of crime, and that the damage has not been recovered, etc. is disadvantageous.

However, the fact that the defendant is pening wrongs, and that the defendant is seen to have committed the crime of this case contingently during his commission, etc. are favorable circumstances.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances, Defendant’s character and behavior, career, overall developments and result of the instant crime, and various sentencing conditions indicated in the records, such as the instant crime.

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