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(영문) 수원지방법원 성남지원 2014.05.26 2013고단2864
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

Criminal facts

1. On December 6, 2013, at around 12:50, the Defendant: (a) transferred the body of “D available room” located in Gwangju-si, Gwangju-si; and (b) was at home with the victim E (the age of 34) and was in front of F, the Defendant used the body of the victim as her hand while taking a bath for the victim; and (c) assaulted the victim by taking the face of the victim with his hand.

2. From the date and time set forth in paragraph 1, the Defendant insultd the victim’s victim H, a police official belonging to the G District District, who was a police official belonging to the said G District upon receiving a report on the victim’s damage to the Defendant, by openly talking the victim with a large voice, “I sway, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out of the past.”

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant was punished several times for a crime of the same kind, but the nature of the crime is not good, such as assaulting another person and insulting a police officer who regulates it, but the defendant's act of assaulting another person during his prison life is recognized as a whole, and the defendant's act of assaulting another person is recognized as a whole, and there is no criminal record exceeding the fine for the last twenty years, and other favorable circumstances such as the defendant's age, character and conduct, environment, circumstances leading to the detention of the defendant, and the period of detention under detention, etc., shall be sentenced to imprisonment with prison labor,

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