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(영문) 수원지방법원 2013.12.18 2013고단4561
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, 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 August 14, 2013, at around 04:20, the Defendant: (a) had observed a dispute with C while drunk with the victim D (the age of 17) who had been aware of his/her usual knowledge on the road in front of 499-9 of the Republic of Korea-Seoul-Eup administration 499-9 on the road; (b) caused the victim’s face one time at the right drinking on the ground that he/she said D (the age of 17) was her speech; and (c) the victim was injured by the victim, by taking the head debt of the victim beyond the floor and walking his/her face several times, for approximately four weeks of treatment.

2. On August 14, 2013, the Defendant: (a) committed assaulting D, as set forth in paragraph (1) around 04:30 on August 14, 2013, the Defendant: (b) destroyed the Fpoter car owned by the victim E, which was around the Defendant, to the right edge; (c) extracted it from the back of the driver’s seat; and (d) destroyed the said car in excess of KRW 500,000 for repairing the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written statement of the G production;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Articles 257 (1) and 366 of the Criminal Act, the choice of punishment against the crime, Articles 257 (1) and 366 of the Criminal Act, and the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant agreed smoothly with the victim D);

1. The dismissal of prosecution under Article 62-2 of the Criminal Act on probation and community service order;

1. On August 3, 2013, around 01:17, the Defendant: (a) committed assaulting the victim’s face one time by drinking at the right side of the dispute, on the ground that: (b) the Defendant asked the victim I (the age of 16) about his/her behavior and tobacco, while drinking alcohol with the 101 new apartment model 10 and the 101 new apartment that is located in the Republic of Korea; and (c) the Defendant asked the victim of the dispute, among those disputes, who wished to be “sicker” to be “sicker.”

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act, and Article 260(3) of the Criminal Act.

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