(영문) 대구지방법원 2018.06.21 2018고단1959

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줄 간격

자간(%)

(영문) 대구지방법원 2018.06.21 2018고단1959

폭행

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2018, the Defendant rejected the Plaintiff B (56 years old) who was a taxi driver under the influence of alcohol in front of the calendar security center located in the situation-dong around Busan Metropolitan City on March 10, 2018.

In order to assist the police officer, the victim was able to take a bath for the victim, and the victim was able to take a bath for the victim, and the victim was able to take a bath for the victim of the defect, boom the victim's chest part, walk the part of the victim's breast, and assault the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes, such as a report on investigation (related to statements made by a victim) and a report on investigation (related to revision of time of crime

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act [Scope of Recommendation] There is no person who has the basic area (two months to ten months) (the person who is subject to special sentencing) of the first type of assault crime [decision of sentence] [Judgment of sentence] The defendant is under several criminal punishments for violent crimes, the defendant is not subject to criminal punishment several times, the degree of damage is not severe, and the defendant does not have any record of crime exceeding the fine, the fact that there is no record of crime beyond the fine, the fact that the crime is recognized, the fact that the defendant's age, sexual behavior, and the circumstances after the crime are considered, etc., and the punishment is determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제260조 제1항

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