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(영문) 전주지방법원 정읍지원 2020.04.02 2019고단576
폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 21, 2019, the Defendant discovered that the victim C (the 63 years of age) who is a neighbor while drunk in front of his/her residence located in Si/Eup/Myeon on April 21, 2019, and expressed, without any reason, the Defendant expressed that “the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bom, and used the victim on his/her hand, assaulted the victim with a hick stick flus.

2. A intimidation: (a) around 07:05 on April 22, 2019, the Defendant: (b) directed the victim from the house in front of the victim C(63 years of age) located in Jeong-gu, Sin-si; (c) “I have reported to the police of packer; and (d) I have left the house only. I have died. She shall be discarded. Chewing, e.g., bitch bitch bitch,” and (c) acted to act as doing harm to the victim, thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Investigation reports (fields, etc.) and internal investigation reports (fields arrival status, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (related to confirmation of distance with a suspect at the time of the victim's counterpart case, relation to confirmation of stick used for a criminal suspect's counterpart crime, and attachment of a report indicating 112 cases on the date of the case

1. Relevant Article 260(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence under the condition of probation and order to attend a lecture shall be postponed, taking into account the reasons for sentencing under Article 62-2 of the Criminal Act, the background of the crime, degree of damage, the fact that the defendant has been punished several times by violence (in particular, six months of imprisonment due to the crime of violence, etc. on February 25, 2014, two years of suspended execution) and the fact that the defendant is a disabled person whose failure was cut.

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