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(영문) 부산지방법원 서부지원 2019.01.08 2018고단1428

폭행등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On May 28, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury in the Changwon District Court’s closely assistance, and completed the execution of the sentence in the Jinju Prison on February 18, 2016.

【Criminal Facts】

On July 5, 2018, the Defendant: (a) committed violence against the victim on the face of the victim and the chest part of the victim by hand while the bus driven by the Defendant stops after the bus stops at the lower end of the bus stops at the Busan Western bus terminal located in 201, the Busan Western City, Busan, on the 10:23th day of Jul. 5, 2018.

around 01:00 on July 14, 2018, the Defendant: (a) obstructed F taxi driven by the victim E (the age of 59) on the frontway in Busan Northern-gu, Busan, the Defendant: (b) obstructeded the victim’s face of the victim who was seated in the driver’s seat at the driver’s seat one time; and (c) damaged the chin for about 21 days to require treatment for about 21 days to the victim.

Summary of Evidence

"2018 Highest 1428"

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each investigation report "2018 Highest 1547";

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

1. A written diagnosis of injury: Before the market (of evidence records of 2018 Highest 1547 cases);

1. A statement on criminal records, etc.;

1. Report on the results of confirmation of the previous disposition, report on investigation (report on confirmation of the same record as a suspect), investigation report (report on confirmation during the period of repeated crime), eight copies of summary order, two copies of judgment, and the application of Acts and subordinate statutes on the status of acceptance by individuals

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a)the general injury to a primary offence;