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(영문) 대전지방법원 2019.10.22 2019고단2288

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on October 31, 2014, was sentenced to imprisonment with prison labor for an injury in the official order branch of the Daejeon District Court on August 31, 2014, on 20 times, there are 20 times the record of violent crime.

(1) On February 7, 2019, at around 13:20 on February 7, 2019, the Defendant: (a) committed a assault with the victim’s face with her hand on the ground that the victim B ( South and 69 years old) took a bath for the Defendant, and she was satisfing the brea; and (b) assaulted the victim’s face with the left hand.

[Judgment of the court below]

1. On April 4, 2019, at around 15:20, the Defendant: (a) 15:20, the victim C (the age of 56) who performed drinking together in the square of the guest 215-ro 215, was able to take a bath, citing each item (the length 1m67cm, 2.5m thickness 2.5m) which is a dangerous object that was discarded adjacent to the Defendant, and 11 times the victim’s part, etc. was 11.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Around May 5, 2019, the Defendant assaulted the victim’s face face part one time to walk, on the ground that the victim D (the age of 63) who did drinking together before the above measure plant bicycle storage facility was able to take a bath, around May 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim (B or C application for non-criminal punishment);

1. Damage photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Criminal Act, Article 261 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The nature and circumstances of each of the crimes in this case are poor in light of the background and contents of each of the crimes in this case, the form and degree of the act of violence, etc., and a number of times.