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(영문) 부산지방법원 2016.06.23 2016고단910
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2016, the Defendant, who received a demand for payment of taxi expenses from the victim E (35 years of age) who is a police official who had filed a civil petition for non-payment of taxi charges in front of the D District D District located in the Seocho-gu Busan Metropolitan City on February 14, 2016, and received a demand for the payment of taxi expenses from the victim E (35 years of age), who was a public official of the police, for the Defendant: (a) 2 times the face with the hand floor; (b) 2 times the sexual flag was handed by the victim, and (c) boom the victim in need of treatment for two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see the reason for sentencing) of the suspended sentence [the scope of recommendation] of general injury [the scope of recommendation] of category 1 (Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Procedure Act [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution of Official Duties [Article 62(1)-2 of the Act on the Suspension of Execution] [Special Aggravation of Sentence]

However, considering the fact that the defendant has no record of criminal punishment, the fact that the injured police officer is found to have a dynamic nature, such as the finding of the injured police officer, etc., the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, etc., and other circumstances showing the conditions of sentencing as shown in the records, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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