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(영문) 제주지방법원 2019.05.16 2018고단2050
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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. Special violence;

A. On October 2015, the Defendant: (a) committed assault at the second floor management department office of the C sales outlet No. C sales store No. B located in Jeju-si; and (b) committed assault by the victim D (here, 35 years of age), a dangerous object, on the ground that the victim D (here, here, here) did not properly handle daily affairs; and (c) committed assault at the victim’s left head.

B. On April 10, 2018, the Defendant: (a) around 12:00 on April 10, 2018, on the place indicated in the above paragraph (a), citing large sclers, which are dangerous objects on the grounds as indicated in the foregoing paragraph, and appeared to have been in mind toward the victim; and (b) putting the victim intending to avoid this in front of the Defendant, cut the victim in front of the Defendant, and assaulted the victim by taking three times the head of the victim.

2. Around 10:00 on April 5, 2018, the Defendant assaulted the victim’s face at a drinking and hand floor on the same ground as the description in paragraph 1(a).

3. Around April 6, 2018, the Defendant, at the same place as stated in paragraph 1(a) on April 6, 2018, abused the victim by taking the same attitude as that of the description and threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, a medical certificate, a criminal investigation report (to be attached toCCTV images), five copies of CCTV photograph data, a video CD, or a criminal investigation report (additional confirmation of the victim’s statement);

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, 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. The reason for the suspended sentence of Article 62(1) of the Criminal Act is that the crime of this case was committed on the grounds of sentencing under Article 62(1) of the Criminal Act by means of violence, such as assaulting the head part of the head several times with a ice, large scirr, which is a dangerous object, and the crime is bad, and the defendant is the victim.

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