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(영문) 수원지방법원 안산지원 2014.03.26 2013고단2586
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 18:30 on October 14, 2013, the Defendant, under the influence of alcohol on the right side of the irrigation zone No. 2 located in 876, Ansan-gu, Ansan-dong, 18:30, the Defendant inflicted assault on the victim C (the age of 55) who sells coodt without any justifiable reason on the part of the victim’s face, shoulder, etc.

2. On January 9, 2014, around 17:20, the Defendant assaulted the victim at least three times on the part of the victim's chest because the victim mentioned in paragraph (1) was assaulted against the Defendant and reported to the police, at least three months prior to the departure area No. 2 in Ansan-si, Seosan-si No. 61, the upper court:

Summary of Evidence

1. Defendant's legal statement;

1. Statements made by the accused corresponding thereto in the first trial records;

1. Each police statement of C;

1. Each written statement prepared in C;

1. Application of Acts and subordinate statutes to the investigation report (related to the statement of the shots);

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act, the choice of punishment, and the choice of imprisonment (the defendant has a record of having been sentenced to a fine not exceeding six times for the same kind of crime prior to each of the instant crimes, and in particular, the crime No. 2 of the judgment is deemed to have been committed as a retaliation against the accusation to an investigative agency, and the nature of the crime is

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed by violence committed on January 9, 2014, heavier punishment);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act provides that the suspended execution is not less than Article 62(1) of the Criminal Act (i.e., the Defendant’s perception of each of the crimes in this case and reflects his mistake in depth, the degree of damage to the victim is relatively minor,

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