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(영문) 부산지방법원 2016.07.21 2016고단1678
상해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 3, 2016, at around 3:00, the Defendant damaged the property owned by the victim by exposing the glass door door of the victim for the reason that the victim was found in the house of the victim D located in the Busan Dong-gu C2, Busan, and did not open the door.

2. On the same day, the Defendant committed assault, such as searching again at the above place on the morning, and referring the victim D (or 75 years of age) to the face of the victim on the ground that the victim D did not open the door as above, thereby taking the victim’s face into consideration, etc. on the part of the victim’s inside of the victim’s face, thereby leading the victim to an ins

3. On April 2, 2016, the Defendant was demanded to leave the victim from the victim, who was seated inside the victim D’s house at the above location on April 2, 2016, and was asked to request from the victim for a change from the victim.

However, the defendant did not respond to it, and the defendant 21:15 on the same day, and she sited at the inside and outside of the house until the police officer arrives, thus refusing to comply with the request for withdrawal of the victim without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Articles 257(1), 366, and 319(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The fact that there is no record of criminal punishment exceeding the fine on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, that there is no record of criminal punishment exceeding the fine on the grounds of sentencing in Article 62-2, that has been agreed with the victim, but the fact that there is a risk of re-offending, in consideration of the fact that there is a danger of recidivism, in the case where the basic area (from April to one year and six months), such as the first type of crime (the scope of the recommended punishment), which is the basic area (including special mitigation), (including a serious effort to recover damage), which is not punishable (including a serious effort to recover damage), or where considerable damage has been restored to the victim who is vulnerable to the crime / [the scope of the recommended punishment] of the mitigated area (from January to six months) [the victim] of the mitigated area (the victim of special mitigation] [the victim] of the victim

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