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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who leases real estate.
At around 11:20 on October 30, 2012, the Defendant assaulted the victim by pushing the Defendant’s shoulder part of the victim D(the age of 66) who was in Suwon-si C as a director issue.
Summary of Evidence
1. Statements by witnesses E and F in this Court;
1. Application of Acts and subordinate statutes of response to requests for appraisal with the State;
1. Article 260 (1) of the Criminal Act applicable to the crimes;
1. The defendant asserts that the judgment on the defendant's argument under Article 62 (1) of the suspended execution of the Criminal Code was that the victim who was only 160 cm in 173 cm in the defendant's shoulder was in a situation where the defendant cannot be pushed down by the shoulder when considering the defendant's key which is 173 cm in the back of the lease contract, etc., when D's misunderstanding the defendant's horses was misunderstanding and misunderstanding the defendant's horses, and he was pushed down twice the defendant's chest with his chest.
Witness
E, F의 각 증언을 종합하면 피고인은 피고인의 E에 대한 언급을 오해한 D와 마주선 상태에서 서로의 몸 등을 이용하여 밀치고 있었던 점, E이 피고인을 일시 떼어놓았다가 피고인이 다시 접근하면서 어깨를 맞선 상태에서 서로 밀치고 있던 중 E이 피고인을 떼어놓았고 그 직후 D가 쓰러졌던 점이 인정되고, D에 대한 부검결과에 의하면 D의 키는 169cm , 몸무게는 68kg 정도로(증거기록 132), 피고인이 크지 않은 봉투를 손에 쥔 상태였다고 하더라도 173cm 정도에 일반적 체격을 가진 40대의 피고인이 D에 대하여 일방적으로 밀린 형태였다
It does not seem that the situation was unbrupted by shoulder or shoulder, and rather, in the state of E's temporary fighting, the defendant re-explosed and pushed off D with D.