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(영문) 제주지방법원 2020.11.24 2020고단1316
폭행
Text

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

However, 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

Around 09:30 on May 14, 2020, the Defendant assaulted the victim B (the 61-year-old age-old) who was in the vicinity without any particular reason in Jeju-ro 15-ro 2 (Japan-dong) in Jeju-si, Jeju-do, and was frighting to the victim’s head, booming the victim’s head, cutting down the victim’s head, cutting down the victim’s head, cutting down the victim’s head, booming the victim’s left head, or cutting the victim’s left bucks into the victim’s left buck.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. A written statement prepared B;

1. Statement of a police investigation report (to attachCCTV data) and images (including attached documents);

1. Entry of each 112 Reporting Case Handling List in police preparation; and

1. Application of each of the related visual Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing [the scope of punishment under law] Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., Article 59 of the Act on Probation, Etc. [the scope of punishment under law] 1 month or 2 years [the decision of a sentence] violent crime, assault crime, first category (general assault): where the degree of assault is minor [the general person] mitigation element] - In cases where the degree of assault is minor, serious half [the scope of punishment is reduced (the person in question)] mitigation element, 1 month or 8 months in prison [the scope of recommendation] mitigation range, 1 month or 8 months in prison [the extent of suspended sentence] positive participation element - In cases where the attitude of crime is minor - positive participation reason: contingency, serious reflector - Unfavorable general participation reason : A person before the suspension of execution or more, and no effort to recover damage is made [the decision of a sentence] imprisonment with prison labor for six months or more, a fine of 200,000 won from the Jeju District Court as a fine of Apr. 3, 2007.

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