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(영문) 수원지방법원 2016.11.02 2016고단5434
폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 22:00 on March 16, 2016, the Defendant continued to ask the victim C (the age of 31) who is engaged in the same delivery business on the part of the Defendant’s operation of delivery business and asked the victim’s face on the ground that it is bad for him/her to do so, and then divided the victim’s part above the following floor into knee and assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Crimes of Type 1 (General Violence) basic area (2-10 months) (2-10 months) [1] [2] The decision of sentence] Defendant has a record of having been punished several times for violent crimes, and the recent imprisonment has been sentenced until suspended execution, but it again commits the instant crime of assaulting others without any special reason.

However, the execution of imprisonment shall be suspended in consideration of the fact that there is no big damage to the victim.

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