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(영문) 부산지방법원 동부지원 2016.11.17 2016고단946
폭행등
Text

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

[2016 Highest 946] On May 14, 2016, the Defendant assaulted the victim’s face at the time of drinking to the victim E (54 years of age) who is a customer under the influence of alcohol, by taking a bath at the D restaurant located in Busan Southern-gu, Busan, without any justifiable reason.

[2016 Highest 1598]

1. On July 21, 2016, at around 18:28, the injured Defendant considered the victim H (68 years of age) who was under the influence of alcohol to the G cafeteria located in the Busan Southern-gu, Busan-gu, as the extension of the victim, who met or extended the victim H (68 years of age) who was aware of the victim at Dong Ne, “I will drink anywhere we will drink and act. I will soon enter the house.” The Defendant sees the horses that “I will soon see. I will come to the house. I will see the victim’s face in a number of times by hand. I will see the part of the victim’s blue blue with the blue part of the blue part of the blue part of the blue part of the son, and she will see the flue part of the son with the victim’s blue part of the blue part.

2. The Defendant destroyed property damage, at the same time, at the same place as the preceding paragraph, and at the same time, at the same time, at the same time and place as the preceding paragraph, the victim, who was assaulted by the Defendant, i.e., the victim, as his hand, left the LG mobile phone cited by the victim and damaged the amount of KRW 300,000,000

Summary of Evidence

[2016 Height946]

1. Defendant's legal statement;

1. Statement made by the police to E [2016 order 1598];

1. Legal statement of the witness H;

1. Submission of data;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act that applies to the crime, the choice of a penalty, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act;

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

1. Article 62(1) of the Criminal Act provides that the defendant is subject to criminal punishment on several occasions for the same crime without regard to the suspension of execution.

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