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(영문) 대구지방법원 2018.05.15 2017고단6464
폭행등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 23, 2017, the Defendant, while drinking alcohol at C main points located in Busan Southern-gu, Busan-gu, on June 23, 2017, committed assault against the victim E ( South, 34 years old) who was drinking alcoholic beverages at D and the victim’s face while drinking alcoholic beverages at the next customer E ( South, 34 years old).

2. The Defendant, at around 01:10 on June 23, 2017, arrested a flagrant offender for the same reason as described in paragraph (1) at G District located in Busan Southern-gu, Busan-gu. However, among four police officers who worked in the District and several persons, such as the said C, E, etc., he/she is easy to say that he/she was married to the victim D in the same year.

Then, the victims were openly insulting the victim by referring to the same year as this mathno, this matha, and the same year as this matha in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Police statements made to D or H;

1. Application of the Act and subordinate statutes to the investigation report (Evidence No. 11);

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: there are many same records.

A favorable circumstances: There is no previous conviction exceeding a fine.

The victim E agreed with E.

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