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(영문) 대전지방법원 천안지원 2014.01.17 2013고단282
폭행
Text

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

except that 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 14:40 on March 3, 2013, the Defendant: (a) under the influence of alcohol in C in the Gangnam-gu, Dong-gu, Dong-gu; (b) the victim D (36 years of age) who is a cause for the delivery of heavy food was fluored at around 10:00 on the same day; and (c) the Defendant demanded the victim to refund the hot water that he was delivered by ordering the victim at around 10:00 on the same day; (d) the victim’s talks about the purport that “it shall not be allowed to refund the hot water after 5 hours after he was already fluored on the hot water and having been delivered.” (e.g., the victim’s left side breath of the victim’s breath; and (e) the victim’s breath of the victim’s right breath; and (e) the victim made the victim’s right breath of the breast, respectively.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of victims and damaged parts;

1. Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. In light of the fact that the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, committed again the instant crime even though he/she had been punished several times for the same or a similar crime, etc., the liability for the instant crime is unreasonable. However, since there are favorable circumstances, such as the background of the instant crime, the degree of damage caused by the instant crime, etc., the sentence shall be determined

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