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(영문) 부산지방법원 2017.02.01 2016고단7442
폭행등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2016, around 21:20, the Defendant assaulted the victim’s left face by drinking and hand while living together with the victim in the E Notice Room 10, where the victim D (42 tax) of the fourth floor of the building located in Busan-gu, Busan-gu, Busan-do. (42 tax).

2. After committing the crime described in the preceding paragraph, the Defendant: (a) heard the victim’s words “I ambling off, I Rabhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes on the investigation report (not more than 16 pages);

1. Relevant legal provisions of the Criminal Act and Articles 260 (1), 284, and 283 (1) of the Criminal Act concerning the selection of criminal facts;

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 crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a bad character in consideration of the fact that the defendant, even though he had the same criminal record, has assaulted or threatened the victim, and has not recovered from damage.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same way as the order.

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