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(영문) 대구지방법원 2015.06.23 2015고단477

폭행등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 7. 12. 22:10경 대구 동구 C에 있는 피해자 D(남, 53세)의 주거지 앞에서, 동네 후배들에게 훈계를 하던 중 위 D이 피고인을 쳐다보며 혼잣말을 하는 것에 기분이 나쁘다며 시비가 되어, 위 D의 처인 피해자 E(여, 54세)의 얼굴을 때리고, 주먹으로 피해자 D의 얼굴을 때리고 발로 배 부위를 차 넘어뜨린 후 계속하여 위 D의 얼굴, 다리 등을 수회 차며, 이를 말리던 위 D의 딸인 피해자 F(여, 26세)에게 욕설을 하며 발로 허벅지를 찼다.

As a result, the Defendant inflicted injury on the victim D, such as the pelle of the stoke and the stoke of the side of the side of the earth, which require approximately 10 weeks of medical treatment, and each assault was committed against the victim E and F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of the recommended punishment according to the sentencing guidelines - The scope of the recommendation punishment - the basic area (two months to ten months) of the basic area (two months to ten months) of the punishment (the scope of the recommendation punishment) in the mitigated area (two months to one year) (the person subject to special mitigation) of Type 1 of the Act on the Punishment of Crimes (the scope of the recommendation punishment) - the scope of the crimes under Type 2 of the Act on the Punishment of Violence (the general assault) - the scope of the crimes under Article 3 of the Act on the Punishment of the Crimes under Article 1 of the Act on the Punishment of the Crimes under Article 1 of the Act on the Punishment of the Crimes under Article 1 of the Act on the Punishment of the Crimes under Article 1 of the Act on the Punishment of the Crimes under Article 1 of the Act on the Punishment of the Crimes

2. Consideration - favorable circumstances: In light of reflectivity, the victim D’s penalty and the juvenile protective disposition and the suspension of indictment, and circumstances which are disadvantageous to the victim D’s injury, the victim D’s injury for about ten weeks.