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(영문) 부산지방법원 동부지원 2017.09.28 2017고단1347
폭행등
Text

A defendant shall be punished by imprisonment for six 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

On February 13, 2017, at around 23:55, the Defendant: (a) committed assaulting the victim when she fats the shoulder part of the victim when she fats in the fat in the fat on the D hotel located in Busan Metropolitan City (56 Do); (b) on the front of the apartment, a 20-ro in the vicinity of the Busan Metropolitan City, where the victim E (56 Do) was a taxi driving on the D hotel located in the Busan Metropolitan City (hereinafter referred to as the 56 Do); (c) committed assaulting the victim when she fats the fats of the victim due to the problem of the taxi rate in the fat; and (d) fats the victim's face when she fats the victim's head and fats the fat.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement protocol by the police for E;

1. Report on investigation (Attachment of photographs), application of photographic Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance where the crime of this case was committed by assaulting the taxi driver in operation, such as the nature of the crime is bad, and the defendant has a majority of criminal records of violence.

However, the fact that violence used by the defendant was not very serious, and the fact that the defendant agreed with the victim is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. by Drivers): The portion of dismissal of public prosecution, such as the group of violent crimes, assault crimes, types 1 (General Assaults), and

1. Summary of the facts charged

A. On February 13, 2017, the Defendant is to Busan Shipping Daegu C around 23:55.

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