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(영문) 의정부지방법원 2017.11.20 2017고단2160
폭행
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2017, Defendant A assaulted the victim B (57 tax) and the cost of construction and wage settlement at the F office located in Gyeonggi-si, both game Yang-si, with each other due to the problem of the victim B (57 tax), construction cost, and wage settlement.

2. Defendant B assaulted the victim A(40 taxes) with bombing bomb for the same reason at the above time, at the same place, at the same time and place.

Summary of Evidence

[Defendant A]

1. The defendant's legal statement (as at the sixth public trial date);

1. Each legal statement of witness G, H and I [Defendant B]

1. The defendant's legal statement (as at the sixth public trial date);

1. Application of each of the statutory statements made by witnesses G, H and I / [Defendant A]

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing) / [Defendant B]

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The basic area of Defendant A [the scope of applicable sentences under law] imprisonment with prison labor for not more than two years [the scope of applicable sentences under law] and the basic area of applicable assault crimes among the groups of violent crimes / [the scope of recommended sentences]: From February to October [the decision of applicable sentences], one year of suspended sentence for four months;

2. The basic area of Defendant B [the scope of applicable sentences under law] imprisonment with prison labor for not more than two years [the scope of applicable sentences under law] Type 1 (Recommendation of General Violence) of violent crime group [the scope of recommended punishment]: From February to October [the Decision of Sentence], one year of suspended sentence for four months;

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