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(영문) 의정부지방법원 2015.11.13 2015고단3189
폭행
Text

A defendant shall be punished by imprisonment 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

The defendant is between the victim C(n, 30 years of age) and the neighbor.

1. On May 14, 2015, the Defendant assaulted on May 14, 2015, 2015, the Defendant reported 112 on May 14, 2015, on the road in front of the residence of the victim, in front of his/her residence, that the victim was under the influence of alcohol before his/her residence, on his/her hand, on the ground that he/she reported 112 that the victim was under the influence of alcohol before his/her residence.

2. On August 15, 2015, on August 15, 2015, the Defendant found a victim under the influence of alcohol in the aftermath of the said victim’s residence, and followed the police investigation as a result of the crime under paragraph (1), and assaulted the victim with his/her arms once again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Sovereign photographs of each assault;

1. 112 Application of Acts and subordinate statutes concerning reported details;

1. Article 260 (1) of the Criminal Act (or choice of imprisonment in consideration of the fact that there are many criminal records of the same kind of crime and there is no effort to recover damage) in relation to the relevant criminal facts and the choice of punishment;

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 on the suspension of execution (the fact that it is against the recognition of the mistake of one's own person, the fact that there is no record of crime beyond the suspension of execution, and the victim has not been injured);

1. Probation under Article 62-2 of the Criminal Act;

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