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(영문) 의정부지방법원 2018.07.20 2018고단2114
폭행
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On April 19, 2018, the Defendant assaulted the victim D (25 taxes) who is an employee, of the victim D (25 taxes) with a view to the extension of the game hours due to the rapid drinking time, and on the ground that the Defendant’s spiting of the floor is bad, the Defendant used the boom on the floor as “hing and hing off,” and used the boom on the boom to the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes concerning each CCTV closure photograph;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Education have past records of being sentenced to ten times as violent crimes, and in particular, the records of being sentenced to imprisonment have four times, and on May 10, 2017, the Defendant again committed the instant crime without being aware of the punishment of a fine of one million won by the court due to the crime of assault. As such, with respect to the Defendant who committed repeated violent crimes, heavy punishment is necessary to achieve special preventive effects.

However, it is recognized that all of the crimes of this case are recognized by the defendant, and the degree of assault, which is the crime of this case, is relatively minor, and the sentencing conditions on the records, such as the defendant's age, sex, environment, motive and circumstances of the crime, etc., and sentencing guidelines (the basic area between February and October) shall be determined as ordered by the order.

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