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(영문) 의정부지방법원 2014.04.11 2013고단3820
폭행
Text

A defendant shall be punished by imprisonment for six 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

On May 7, 2012, at around 21:40, the Defendant assaulted the victim's second floor of the commercial building 2nd floor D with E (the age of 48) in order to 5 times the number of the victim's right back to the second floor of the commercial building located in Guri-si C, on the ground that the victim was able to take a bath to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended only once, and probation, etc. shall be ordered to prevent recidivism, in consideration of the following: although the risk of recidivism is substantial, such as the same kind of violence, leading to several times, the defendant repents and reflects the crime, the degree of this assault is insignificant, and there is no criminal record exceeding a fine after 1989;

1. Scope of sentences on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order: The final scope of sentences recommended by sentencing guidelines from January to December 2: [type of crime] the types of general assault of the criteria for assault crime among the violent crime group [no aggravated elements: Where the degree of assault is insignificant [the scope of recommending punishment] mitigated area (from January to August): None of mitigated factors: A general aggravated factors of the criteria for sentencing: there is no mitigated factors:

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