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(영문) 창원지방법원 진주지원 2015.09.09 2015고단570
폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 February 15, 2015, the Defendant: (a) around 23:30 on February 15, 2015, the Defendant was drinking together with the victim D (n, 42 years of age) who was the former wife C and 101:206; (b) had a dispute with the victim’s electric south E demanding money by taking a telephone; and (c) the victim had “the former husband’s continuous telephone due to the collapse, her husband, and she had a telephone to E; (d) however, the victim was called as the victim to have a verbal dispute with the Defendant by receiving the phone; (e) the victim was f was able to have the victim talk with the victim, and the victim was frightd with the victim’s face, and assaulted with the victim’s hands by 3 to 4.4.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) cited two knife two knife (No. 1 and 32 cm) (the total length of each knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife)

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement concerning D;

1. Each photograph;

1. Application of the existing Acts and subordinate statutes of two blades seized (No. 1);

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to a crime, the choice of a punishment, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of intimidation to carry a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the punishment prescribed for a violation of the Punishment of Violences, etc. which is heavier than the punishment (a collective crime, a deadly weapon, etc.) and the long-term punishment for each of the crimes above];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended according to the sentencing criteria;

(a)basic crimes;

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