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(영문) 제주지방법원 2020.01.31 2019고단2088
폭행
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2019, around 15:07, the Defendant: (a) committed assault against the victim by: (b) the Defendant’s D's D's D's D's D's D's D's D's D's D's D's D's driving vehicle in front of the victim E(40 years old) driving vehicle in front of the victim’s driving vehicle; (c) the victim's driver's vehicle was set off in front of the victim's driver's vehicle; (d) the victim's driver's driver's driver's vehicle was seated in the victim's driver's seat; and (d) the victim's head debt was flicked.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the E-document;

1. Statement and image (including attached documents) of a report of internal investigation by police preparation (a video attachment submitted by a victim);

1. Entry of each 112 Reporting Case Handling List in police preparation; and

1. Application of each of the related visual Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [the scope of punishment under law] 1 month or 2 years [the decision of a sentence] violent crime, assault crime, Type 1 (general assault): where the victim also has considerable responsibility for the occurrence of a crime or the expansion of damage, in the event that the victim is also liable for the occurrence of a crime or for the expansion of damage, [the scope of recommendation] special mitigation area, 1 month or month of imprisonment [the suspension of execution] - Where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage, where the victim is also responsible for the occurrence of a crime or for the expansion of damage, - Where the occurrence of a crime is minor, where the occurrence of a crime or the occurrence of damage is minor - Where social relation is clear, contingent crime - there is no serious reflect, and there is no effort to recover damage [the decision of a sentence], and where the victim is a normal violent crime against the defendant for a period of one year or more disadvantageous suspension of execution

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