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(영문) 부산지방법원 2018.11.29 2018고단4156
폭행등
Text

A defendant shall be punished by imprisonment for not less than five 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.

Reasons

Punishment of the crime

1. On July 21, 2018, the Defendant assaulted the victim’s face at one time by asking questions about whether the victim D ( South and North years of age) who is an employee of the instant singing room would extend the hours of singing, and caused the victim’s face at a singing room located in Busan Dong-gu, Busan, on July 21, 2018.

2. The Defendant, at around 00:40 on July 21, 2017, was arrested as a flagrant offender by F, a police officer affiliated with the Busan East Police Station E District unit, who was dispatched after receiving a report as a assault case under the above paragraph (1), and was transferred to the same district unit located in Busan Eastdong-gu G.

At around 01:44 on the same day, the Defendant signed the column, which is the confirmation of the certificate of arrest of flagrant offenders, as if he was H, and submitted it to the above F without knowledge of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 260(1) (Punishment of imprisonment) of the relevant Act and Article 260(1) of the Criminal Act concerning the facts constituting an offense; Article 239(1)0 of the Criminal Act Article 239(1) and Article 239(2)1 of the Criminal Act;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Crimes of Violence Nos. 1 (General Violence) (2-10 months) in the basic area (2-10 months) [3] [3] [4] in the judgment of sentence] and the crime of forging a signature of a company and signing a signature of a above investigation are also deemed to be the same.

The degree of assault is not severe, and the defendant shows the opposite appearance while recognizing all the facts of the crime, and there is no special power on the defendant. In full view of various circumstances, such as the background, means and method of the crime of this case, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and the conditions of sentencing prescribed in Article 51 of the Criminal Act as stated in the records and arguments, the punishment shall be determined as ordered.

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