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(영문) 대구지방법원서부지원 2020.11.05 2020고단565
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

On November 4, 2019, at around 16:35, the Defendant took one time at the left side of the victim D (year 46) and during the time of drinking, due to the operation of the balbbbbial old store in Daegu-gu B.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the report of internal investigation by the police on D's statement;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has a record of having been punished several times for the same crime, etc. is disadvantageous.

However, in light of the following: (a) the Defendant led to the instant crime; (b) the Defendant made a confession of the instant crime; (c) the Defendant paid KRW 300,000 to the victim; and (d) the Defendant appears to have committed the instant crime against the victim; and (c) the Defendant’s age, character and conduct, environment, family relationship, means and result of the instant crime; and (d) the punishment as ordered shall be determined in consideration of all the sentencing conditions

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