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(영문) 수원지방법원 2016.04.11 2015고단6241
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “C” in Young-si Suwon District B, and the victim D (47 years) is a person who operates the above restaurant with the Defendant and the above restaurant.

1. On May 2015, the Defendant stated that “The date and time of the instant crime was around 3 and 4 p.m. on May 2015, the victim stated in this court that “the date and time of the instant crime was around 3 and 4 p.m.”.

위 음식점 내 2번 테이블에서, 피해자가 구입한 소고기를 보고 ‘ 쓰레기 같은 재료를 샀다 ’라고 피해자에게 욕설을 하면서, 발로 피해자의 배 부위를 2~3 회 걷어차고, 손바닥으로 피해자의 얼굴을 3~4 회 때리고, 손으로 피해자의 목을 잡는 등으로 피해자를 폭행하였다.

2. A special intimidation: (a) the Defendant: (b) took food blades (27 cm in length on the knives) (the knives knives knives) that are dangerous things that he had been living in a restaurant at the above place; (c) took the victim’s knives with the left hand, and (d) “the victim’s flive flives away,” and threatened the victim with the part of the victim’s knives.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of Defendant’s photograph, deadly weapons photographic Acts and subordinate statutes

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) (the point of threat to carry dangerous articles) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution of the punishment [the scope of the recommended punishment] The sentence of the Article 62(1) of the Criminal Act on the grounds of the following crimes: the defendant shall be sentenced in six months to Nov. 1 year:

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