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(영문) 대구지방법원 김천지원 2017.07.06 2017고단423
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 27, 2016, the Defendant bnded on the front side of the road located in Gumi-si B on January 27, 2016, at around 01:45, the Defendant spited the victim’s D (nive, 23 years of age) on one occasion with his/her hand floor without any reason without any reason, on two occasions due to the breath of the victim E (nive, 22 years of age), spits the victim’s face and head in the victim’s F (23 years of age), spits the victim’s brea on the face of the victim’s H (26 years of age), and assaulted the victims three times of the victim’s brea (22 years of age) on three hand.

2. The Defendant damaged property at the time and place described in paragraph 1, and at the time and place of the victim H and trial, the Defendant was able to catched a 130,000 won of the market price, which was suffering from the victim’s item, and was laid down on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of D, E, F, G, I, and H;

1. Application of Acts and subordinate statutes to a report on investigation (as to the computation of market price of damaged goods);

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) 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 reason for sentencing under Article 62-2 of the Criminal Act, including the crime of assault and bodily injury in 2016, which was sentenced to a fine of KRW 5 million and a fine of KRW 1 million for the crime of murder in 1998, which was sentenced to imprisonment with prison labor for the crime of robbery in 1998, and the fact that a large number of victims were assaulted without any particular reason due to drinking alcohol, the degree of damage is not significant, and the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s character and behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime.

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