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(영문) 부산지방법원 2018.07.09 2016고단8435
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 18, 2016, around 01:54, the Defendant assaulted the victim, on the following grounds: (a) on the elevator B apartment in Busan Jin-gu, Busan, 308, and (b) the victim C (49) on the part of the victim, who was aware of the fact that the victim reported the Defendant and was punished by a fine; and (c) on the part of the victim, the Defendant reported the Defendant as a crime of false accusation; and (d) on the part of the dys of the dys of the victim, the Defendant reported the Defendant to the victim as the offender.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of the Acts and subordinate statutes to photographs taken by victim C;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

2. Reasons for sentencing selective sentence of imprisonment;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be the basic area (two months to ten months) of the crimes of assault (general assault) (no person subject to special sentencing).

2. There is no history of crime exceeding a fine to be sentenced, and the extent of damage caused by the assault of this case is significant;

Although it is not possible to see that there was a record of punishment several times for the same crime, the assault of this case was committed for the purpose of retaliation against the report of this case, the summons of this court was not complied with, and the detention was forced to be executed by the execution of the detention warrant, and thereafter the detention was revoked by promising attendance at the seventh trial date, but the situation after the crime was committed is very poor, such as continuing refusal to attend thereafter and lockedly poor.

In addition to the above circumstances, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all the sentencing conditions during the process of the crime and the changes shall be determined as ordered by considering the following circumstances.

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