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(영문) 부산지방법원 동부지원 2017.09.06 2017고단1248
폭행
Text

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

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

Reasons

Punishment of the crime

On June 16, 2017, the Defendant driven an Otoba in front of the 144 movable error in the area south of the Busan Suwon-gu, Busan, U.S. on 17:11, on the ground that the victim B (32 years old) did not turn on the way, while taking the victim’s bath, and used the victim’s face at three times with the hand floor, and used the victim’s back head twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of investigation reports (Attachment, etc. of minor body photographs on the part of the victim's entrance), photographs of the victim's entrance, investigation reports (Attachment of body photographs with minor body photographs attached to the victim's buck), photographs under the body of the victim, the list of reported cases in 112, investigation reports (investigation into attachment of CCTV on the part of the victim's entrance), and Acts and subordinate statutes on CCTV video CDs;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the Social Service Order was committed by assaulting a victim accompanied by a kindergarten student on the street on the ground that it did not simply turn on the street, and the nature of the crime is not good, and the victim suffered not only the victim's suffering from his or her behavior, but also the victim seems to have been suffering from considerable insult, and the defendant was committed for the same kind of criminal record including a criminal record.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the fact that the type used by the defendant is not very serious is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Violence Crime Group, Violence Crime, Type 1 (General Violence, etc.)

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