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(영문) 의정부지방법원 2016.11.30 2016고단4550
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 01:40 on September 11, 2016, the Defendant: (a) expressed the victim D (year 26) who was gameed in the “C” room located on B and 1st underground in Yangyang-si, Namyang-si; (b) expressed the victim’s desire that “I wish to kill one another; (c) I want to do so”; and (d) assault the victim by taking one head the victim’s math on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Written statements of D;

1. Entry in a investigative report (CCTV screen closure) and application of video-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence (amended by Presidential Decree No.62(1) of the Criminal Act) (amended by Presidential Decree No.62(1)) (amended by Presidential Decree No.1) (amended by Presidential Decree No.1) (amended by Presidential Decree No.1) (amended by Presidential Decree No.1) (amended by Presidential Decree No.1) (amended by Presidential Decree No. 201048, Dec. 2, 2006) (amended by Presidential Decree No. 20110, Dec. 1, 2006) (amended by Presidential Decree No. 201048, Feb. 1, 2006)

However, considering the fact that the defendant led to the crime, the degree of assault was not much serious.

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