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(영문) 의정부지방법원 2017.05.11 2017고단1296
폭행등
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 one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On March 20, 2017, the Defendant who damaged property: (a) 09:00 on March 20, 2017, on the ground that the Defendant, located in the Defendant’s home located in the Gu-si of the Defendant, brought up the Defendant’s house with the Defendant’s money problem, and did not give money to the Defendant; and (b) d) d.

Accordingly, the defendant damaged the glass of the victim D with which the market price is unknown.

2. Around March 20, 2017, the Defendant: (a) 14:20 on March 20, 2017, the Defendant: (b) laid off the body of the Victim E, which is a dangerous object from the body of the said Defendant, on the ground that the son E (S 49) was in contact with the said D and found to be in accordance with the Defendant’s act of assaulting D; (c) laid off the body of the Victim E, which is a dangerous object from the body of the said Defendant; and (d) took a knife and threatened with the knife, which is a dangerous object from the kitchen, as the knife in the kitchen.

In this respect, the defendant carried dangerous objects and assaulted victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The photograph and photograph of a deadly weapon;

1. 112 Case report processing table;

1. Application of the statutes governing field CCTV photographs and CCTV images CDs;

1. Relevant Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. According to Article 62(1) of the Criminal Act of the suspended sentence, the punishment as ordered shall be determined by taking into consideration the following: (a) the defendant is living under confinement and reflects his depth of mistake; (b) the victims do not want the punishment of the defendant; (c) the defendant does not have any previous conviction; and (d) the defendant does not have good health in his old age.

Rejection of Public Prosecution

1. On March 18, 2017, the summary of the facts charged is that the Defendant does not pay the victim D (V, 75 years of age) who is the wife at the front of the Defendant’s house at around 08:30 on the road in front of the Defendant’s house, and the Defendant is able to take the head and the bridge of the head and the bridge.

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