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(영문) 춘천지방법원 속초지원 2014.02.12 2013고단527
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 5, 2013, the Defendant issued an additional order to be 1 disease of beer while drinking alcohol in a “D” restaurant operated by Gangwon-gun, Gangwon-gun, and the Defendant refused the foregoing C’s son E (here, 48 years of age) called “theme to whom the alcohol value is known, her only, and here,” and the Defendant expressed the victim’s desire to do so by hand, and assaulted the victim’s fingers, her hand, her skes, and her skes.

2. Refusal to eviction;

A. At around 18:00 on July 25, 2013, the Defendant received a demand from the victim C (here, 67 years of age) for delivery while requesting the victim C to reach an agreement on the assault facts described in the said paragraph 1.

Nevertheless, the defendant does not comply with the above E on the same day and does not leave the victim without good cause until the police officer called out by the above E on the same day arrives, such as holding the victim seated and taking the victim's bath, etc.

The Gu refused to comply with the Gu.

B. On August 13, 2013, at around 21:10, the Defendant received a demand from the victim C to deliver a plaque to the victim on the ground that the victim did not help the victim reach an agreement on the assault facts stated in the aforementioned paragraph 1.

Nevertheless, the defendant's non-compliance with such non-compliance with the victim's request to leave the victim's wall without good cause until the police officer dispatched by the victim's report at around 21:23 on the same day arrives.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to E and C;

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (2) and (1) of the Criminal Act, Article 319 (2) of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Suspension of execution is possible to the defendant under Article 62 (1) of the Criminal Act for the same offense, and there is no agreement with the victim;

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