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(영문) 수원지방법원 안산지원 2017.05.26 2017고단182
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 4, 2017, the Defendant: (a) around 22:24, 2017, the Defendant was a victim D (at the age of 17) who was frightening tobacco in front of the C Apartment Child Care Center (at the age of 17) of this case, and was inside the said C Apartment 704 elevator; (b) the Defendant was frightd several times to take the victim’s hand and arms on the part of the Defendant, who was about to get out from the third floor where the victim is the target, and to take out the stairs, and (c) the victim had the ra, kn, and knick.

“A person who assaults a victim due to sound, etc.”

2. In order to assault the victim at the time set forth in paragraph 1, the Defendant invadedd the building by entering the joint entrance and the inside of the above C Apartment 704 unit, in which the victim D resides, to the extent of assaulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV image data;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 319(1) of the Criminal Act (the point of intrusion on a structure) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, assaults a victim, who is a woman aged her age, on the grounds that the defendant is bad, and intrudes on the building in which the victim resides. In light of the circumstances leading up to such crime, means, details of the act, the object of the act, etc., the crime is not exceptionally considered.

In addition, considering that the defendant did not faithfully attend the trial proceedings, did not make any effort to recover the damage suffered by the victim due to the crime of this case, and had previously been punished as violent crime, it is necessary to punish the defendant strictly.

However, it is recognized that the defendant has committed his crime, and the contents of the assault of this case are divided.

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