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광주지방법원 2016.11.03 2016고단2127

Defendant shall be sentenced to four months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.


Punishment of the crime

On April 1, 2016, at around 20:20, the Defendant assaulted the victim E (the age of 68) face of the victim E (the age of 68) who met the Defendant, who did not open a door by having the business owner sell alcoholic beverages because of a large amount of credit on the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F and E’s legal statement;

1. Examination protocol of suspect of the police accused;

1. Statement of the police officer F;

1. Application of Acts and subordinate statutes of the E and F statements;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [No person who is a special person] of the basic area (two to ten months) of the crime of assault (general assault) [decision of sentence] [decision of sentence] the defendant denies the crime of this case, but in full view of the evidence

In light of the degree of the assault of this case, although the case is not hot, the defendant is considered to have a habiter to avoid the disturbance when being drunk.

Furthermore, the defendant has been punished 18 times due to violence, and among them, he has been sentenced to imprisonment in 2010 and 1998 and has been sentenced to suspended execution.

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances regarding sentencing.