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(영문) 수원지방법원 성남지원 2013.04.09 2012고단1913
폭행등
Text

A defendant shall be punished by imprisonment for six 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

At around 10:20 on June 21, 2012, the Defendant: (a) carried out a sudden change in the vehicle in front of the agricultural branch located in the Seocho-gu Seoul Special Metropolitan City, the Defendant: (b) considered the victim C to take a bath; (c) concealed the victim for about five minutes; (d) on June 21, 2012, around 10:25, the Defendant: (c) allowed the victim to stop the vehicle on the side with the vehicle of the victim in front of the Seocho-gu Office located in the Seocho-gu Seoul Special Metropolitan City to stop on the side; (d) assaulted the victim by killing flabing the fage of the victim on his hand; and (e) threatened the victim with the victim by spreading 30 cm, which is a dangerous object at his own vehicle.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. C’s statement;

1. Application of statutes on photographs of damage;

1. Relevant Article of the Criminal Act, Article 260(1) of the Criminal Act that applies to the crime, the choice of punishment, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravated Punishment of Violences, etc. which is heavier than punishment shall be added to the punishment prescribed for a violation of the Punishment of Violences, etc. Act and the long-term punishment for the crimes above two crimes) ;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Reexamination of the reasons for sentencing as follows)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the victim is punished against the defendant, but the defendant has no criminal record for the same kind of crime shall be determined as the order.

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