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(영문) 부산지방법원 서부지원 2018.11.09 2018고단1309

폭행

Text

A person shall be punished by imprisonment with prison labor for one month for a crime set forth in the holding of the defendant, and by imprisonment with prison labor for one month for a crime set forth in the holding.

Reasons

Punishment of the crime

On June 9, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of interference with the performance of official duties at the Busan District Court, and the execution of the sentence was terminated at the Daegu District Court on February 4, 2017. On January 26, 2018, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults) at the Busan District Court on May 4, 2018 and the judgment became final and conclusive on May 12, 2018, and was sentenced to three months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on July 12, 2018.

[2018 Highest 1309]

1. On April 23, 2018, around 16:55, the Defendant assaulted the victim’s face at around four times, on the ground that the victim C(45 years of age) was able to fluorly fluorly fluorly fluorly fluorly fluorly fluorly fluorly flusing the victim’s face.

[2018 Highest 1871]

2. On August 29, 2018, at around 14:50 on August 29, 2018, the Defendant respondeded to the question of the victim E (60 years of age) in the same room located in the Busan District Dho-gu, Busan District, 268 Busan District D, but the said victim talked with another person without a proper hearing of the answer, and assaulted the victim at least seven times on his/her hand, after hearing the phrase “I hear the sound of the son,” that “I will hear the sound of the son, I will see the son.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Each self-statement of G, F, and H;

1. C Complaints;

1. Medical records of each prisoner;

1. Each photograph;

1. Previous conviction: Application of Acts and subordinate statutes, such as inquiries about criminal history and investigation reports (the attachment of the text of the judgment, the personal confinement status, and the detailed inquiry of the case);

1. Article 260 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as such, there exists a previous offense of obstructing the performance of official duties);

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that Article 39 Section 1 of the Criminal Code is [the crime of assault by a person on April 23, 2018].