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(영문) 전주지방법원 2015.08.13 2015고단419
폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 28, 2015, the Defendant: (a) committed assault at the place of residence of the Defendant’s parent located in Yansan-gu, Jeonju-si, and on the ground that the Defendant did not work for the Victim C (34 years of age) but did not work for her mother, on the ground that her mother was able to take money from her mother; (b) on the following grounds: (c) on the part of her mother, the Defendant was able to do so at one time on the left side part of the victim; and (d) around 10 times on the part of the victim’s her hand at around 10.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on the occurrence of accidents and a report on internal accidents (related to shots);

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. One month to two years of the applicable sentences in law; and

2. The scope of recommendations according to the sentencing guidelines (decision of types of punishment) and the basic area [decision of the recommended area] of types 1 (decision of general assault) (decision of the recommended area] (general person] - reflects serious factors of mitigation [Scope of recommendations] from February 1 to October.

3. In light of the fact that the victim who was sentenced to the sentence is trying to severely punish the defendant, that the defendant has been punished five times for the same crime (two times of suspension of execution of sentence and three times of fine), and that some of them were crimes against the victim of this case, the defendant should be punished strictly.

However, there are circumstances that can be taken into account some circumstances in that the defendant recognized the crime of this case as well as his depth, the defendant committed the crime of this case in the course of guiding the victim living together, and there is no record of criminal punishment after around 2010, and the defendant's age, character and conduct, environment, motive and means of the crime.

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