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(영문) 창원지방법원 2018.12.19 2018고단2433
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On May 13, 2018, at the “C” restaurant located in Kimhae-si B around 04:30 on May 13, 2018, the Defendant, on the ground that the victim D (26 taxes) and shouldered, was faced with the victim, and the Defendant was assaulted by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant is deeply divided and reflected in his mistake, and the motive, background, means and result of the instant crime, the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence and environment, and criminal record relation, and the various conditions of sentencing as shown in the oral argument were determined in full view of the sentencing criteria of the Supreme Court sentencing committee.

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