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(영문) 광주지방법원 2017.08.31 2017고단1837
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 4, 2017, around 12:50, the Defendant assaulted victims at the D parking lot located in Gwangju-gu, Gwangju-gu, on one occasion in the back of the victim E (75 years old) who sought a show of fluence at the D parking site, and on two occasions in the victim F (24 years old) who had been performing the above performance, without any justifiable reason.

2. The Defendant, at the time, at the time and place specified in the preceding paragraph, takes the victim F, where each of the mentioned opinions was carried out in a performance hall, and the victim G, where the performance was carried out together with the said victim, is crypted by the victim G, who performed with the said victim.

As referred to in the paragraph “,” the victim G expressed her desire to “this son,” and her hand, thereby obstructing the victim F and G performance by force by avoiding the disturbance of about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to a report on investigation (in cases of on-site conditions, etc. at the time of mobilization), a report on investigation (on-site inspections and photographs

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

A. 2 Crimes (Assaults) of Item 1 of Article 1 (Recommendation Form 1) of the Criminal Act (Recommendation Number 1) [Scope of Punishment] No. 1 (Interference with Duties) [Attachment 1 to one year and six months] of the basic area (No person subject to special sentencing] of Category 2 (Assault) [Scope of Recommendation] of the basic area (No person subject to special sentencing for February to ten months) (No person subject to special sentencing for ten months) of the basic area (no person subject to special sentencing for two months) (3) of Article 3 (Assaults) of the Act on the Punishment of Violence Crimes (Scope of Recommendation / No person subject to domestic violence)] of the basic area (No person subject to special sentencing for two months to ten months) of the basic area (no person subject to special sentencing for two months) of Category 1 of the Act on the Punishment of Crimes

B. Application of standards for handling multiple crimes: June to February 2.

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