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(영문) 창원지방법원 마산지원 2015.12.01 2015고단840
폭행등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On September 9, 2015, the Defendant committed assault to the victim C (58 years of age) who is a field responsible manager, by drinking alcohol at the construction site of an officetel in Changwon-si B Officetel in Changwon-si, and by drinking alcohol in the vicinity of the Defendant’s residence and drinking alcohol, and by drinking alcohol at the above site noise, he saw it to the victim C (58 years of age), who is in charge of the site manager, coming a trial cost, and breabling the victim’s leather and fulths by hand.

2. Around September 15:35, 2015, the Defendant: (a) citing approximately approximately 21 mm in the color, which is a dangerous object at the construction site; and (b) based on the victim’s attitude, i.e., “a sowing sowing so,” i.e., “a sowing sowing so,” and tamping down the improvement, thereby threatening the victim to any harm to the victim’s life or body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act, and 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. Article 62 (1) of the Criminal Act;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc., are considered and determined as ordered by taking account of the following factors: (a) although it was unable to be used by the victim from the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) however, it is possible

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