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(영문) 제주지방법원 2016.07.06 2016고단590

폭행등

Text

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

Reasons

Punishment of the crime

The defendant is the marital relationship with the victim C (V, 36 years old), and the victim D (V, 56 years old).

1. On April 7, 2016, at around 00:30 on April 7, 2016, the Defendant continued to have been contacted with C while entering into a dispute with C in the Defendant’s residence located in No. 101, E-Ba 101 on April 7, 2016.

“The victim made a bath,” and the victim took the head of the victim’s head on the ground that he/she made the victim’s head on one occasion on one occasion due to drinking the victim’s face.

Accordingly, the defendant assaulted the victim who is a lineal ascendant of the spouse.

2. The Defendant assaulted the victim’s face, chest, and pelvis at the time and place described in paragraph 1, when she was faced with the victim C while she was at the time and place described in the above paragraph (1). As a consequence of drinking, she was frying the victim’s face, chest, and pelvis.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on emergency measures, a written statement C and D, a report on the handling of cases 112, and an investigation report;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes concerning violence against victims;

1. Relevant legal provisions and the choice of a sentence against a crime: Article 260(2) of the Criminal Act (the point of existence of violence) and Article 260(1) of the Criminal Act (the point of violence). Selection of each imprisonment with prison labor;

1. Aggravation of concurrent crimes: It shall be decided as per the disposition for not less than the reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

The reason for sentencing (within the scope of the sentencing guidelines) the victim D shall be limited to the area of ordinary assault aggravated (the surviving victim): April -1 year: the basic area of ordinary assault C: February -10: the processing of multiple offenses committed in April -10: The victim's general assault committed in April -1 year: The victims did not receive a letter of suspicion from the victims; the victim's previous conviction and 4 times [1,00,000 won, a fine of the Jeju District Court in violation of the Punishment of Violences, etc. Act on April 30, 2002; 2. The Jeju District Court of Punishment of Violence, etc. Act on December 15, 2004 (the night and joint injury at night), and 3,00,000 won, a fine of the Jeju District Court of Punishment of Violence, etc. Act on April 17, 2009.