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(영문) 창원지방법원 진주지원 2020.05.12 2019고단1536

폭행등

Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for one year.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A

A. At around 01:50 on January 4, 2019, the Defendant assaulted the victim, such as “D cafeteria” operated by the victim B (the age of 58) in the South-Namnam-gun, on the ground that the victim was dead of the Defendant’s punishment in the past, he saw the victim’s face once once by drinking, booming the victim’s breath, and sating and sating him.

B. Around 02:00 on January 4, 2019, the Defendant damaged the victim’s property by destroying one copy of the glass window where the market price cannot be determined by putting a cafeteria in a cafeteria, which is a dangerous object located in the cafeteria.

2. Defendant B

A. The Defendant was assaulted 1. A.

In the same time, at the same place as the paragraph, the victim A(the age of 43) dump bated the floor, and assaulted the victim, such as leakage of the part of the victim's humb by left hand.

B. Around 07:40 on January 4, 2019, the Defendant suffered special injury: (a) on the ground that at the “D cafeteria” located in the Namnam-gun, Namnam-gun, the victim A found the victim’s shop on the new wall and followed by the victim A’s claim; (b) on the other hand, the victim’s left water portion of the victim’s left water is damaged by approximately two weeks, namely, a dangerous article (25 cm in length).

Summary of Evidence

1. Defendants’ respective legal statements

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damage, on-site photographs, and photographs of Do governor photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 369(1), 366(1), and 260(1) of the Criminal Act; Articles 369(1), 366(1), and 260(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury), and Article 260(1) of the Criminal Act (the point of violence and the choice of imprisonment)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants on probation: The instant crime is committed in the course of disputing the Defendants’ grounds for sentencing under Article 62(1) of the Criminal Act, and assaulting both parties.