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(영문) 수원지방법원 안양지원 2018.07.24 2018고단534
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 6, 2018, the Defendant was sentenced to ten months of imprisonment due to habitual assault, etc. in the support for the development of the Suwon method, and the judgment became final and conclusive on July 17, 2018.

[2] On September 16, 2017, the Defendant: (a) around 03:50 on September 16, 2017, at D main points located in Suwon-si C; (b) while under the influence of alcohol to the victim E (24 years old) who is on the side tables without any justifiable reason, carried the victim E’s bating bat, thereby shading the head debt.

The victim F (24 tax) of the victim E, who reported this, and the Defendant satisf and the Defendant satisfed the victim F’s head debt by hand, and satfling the bat.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and F;

1. Photographs;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, and application of each statute of the judgment;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria: Since it is a single concurrent crime after Article 37 of the Criminal Act, the sentencing criteria do not apply;

2. Determination of sentence - Determination of favorable circumstances: Contrary to the fact that there is no agreement with the victims - Taking into account equity between cases where a judgment is rendered simultaneously with habitual violence, etc. that have become final and conclusive;

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