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(영문) 부산지방법원 2019.10.15 2019고단2639

폭행등

Text

A defendant shall be punished by imprisonment for not more than ten 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 is the husband of the victim B (here, 41 years of age), and is the father of the victimized child C (13 years of age).

At around 01:00 on March 2, 2019, the Defendant spits, spits, brins, brins, fats, fats, and fats the face of the victim B, which was late returned from the defendant's residence located in the D apartment E of the Dong-gu Busan Metropolitan City, into the victim B's face, and fats the victim's chest, and bats the victim's chest, and bats the victim's head and bucks the victim's bats in drinking, and bats the victim's head and bats, which were followed by the victimized victim's bat.

Accordingly, the defendant assaulted the victim B, and committed physical abuse that may harm the health and development of the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C stenographic records of the victim;

1. Application of the legislation in its opinion;

1. Article 260(1) of the Criminal Act applicable to the crime, Article 260(1) of the Criminal Act, Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act, and each choice of imprisonment, respectively;

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. It is so decided as per Disposition in full view of the following: (a) the fact that the reason for sentencing under Article 62-2 of the Probation Criminal Act reflects his mistake; (b) the motive and background of the crime; (c) the method and degree of damage