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(영문) 전주지방법원 2020.06.17 2020고단72
폭행
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 23, 2017, the Defendant assaulted the victim on the hand floor of the victim, who was found guilty, on the ground that the victim B (a son, son, 39 years of age) was made a false statement in the shooting distance near Incheon 29, Nam-gu, Incheon, Nam-gu, Incheon, and on the ground that the victim B (a son, son, and 39 years of age) was made a false statement.

2. On February 2017, the Defendant assaulted the victim by taking care of the victim’s face face by hand on the ground that the victim would go too much to the end while the victim was in a dispute with the victim, at the Defendant’s residence located in the Gu-gu C during the wintering period.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol of statement of the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

2. Determination of sentence: The defendant's criminal records (it is possible to have the record of punishment for violence crimes, and even if the Suwon District Court has been placed prior to the suspension of the execution with respect to the crime of injury on January 12, 2017, the defendant's child is married after his/her child has been divorced from the victim during the suspension period; circumstances leading the defendant to the crime; circumstances leading to the crime; the degree of violence of the defendant and the degree of damage resulting therefrom; relationship with the victim; circumstances after the crime occurred.

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