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(영문) 수원지방법원 2014.04.11 2013고단3653
폭행등
Text

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

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

Reasons

Criminal facts

1. 폭행 피고인은 2013. 6. 25. 13:00경 수원시 팔달구 C에 있는 피해자 D(여, 46세)의 집 앞 노상에서, 평소 알고 지내던 피해자에게 피고인이 술을 샀으니까 아이스크림을 사달라고 했는데 피해자가 이를 거절하였다는 이유로 피해자 왼쪽 팔을 비틀고 손으로 목을 1회 밀쳐 피해자를 폭행하였다.

2. The Defendant suffered property damage and intrusion upon a house at the time and place specified in paragraph (1) of this Article, in a manner that D does not open the gate to lock the Defendant into the damaged house and open the door, thereby damaging the lock locking device on the market price, which is the ownership of the victim E, the owner of the house, and invaded on the house through the heat gate.

Summary of Evidence

1. Statement to the effect that the defendant recognizes the damage and damage to property among the facts charged in this Court

1. Legal statement of witness D;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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

1. It is so decided as per Disposition by the assent of all participating Justices, in view of the fact that there are several criminal records of the same kind of crime with the reason for sentencing under Article 62(1) of the Criminal Act, and the punishment is to be determined by taking into account the degree of damage and the fact that the defendant does not have to be sentenced to imprisonment with prison labor,

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