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(영문) 부산지방법원 2015.10.27 2015고단5278

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 was a person living together with the victim C (math, 51 years of age), and the defendant and the victim became aware of each other at the hospital hospitalized with alcohol respect.

1. Around 07:00 on July 23, 2015, the Defendant: (a) was under the influence of alcohol in front of the E Hospital located in Busan, the Defendant sustained the victim’s body, on several occasions, on the ground that the victim would drink the Defendant’s drinking; (b) was humping the body of the victim several times on the ground that the victim would drink the Defendant’s drinking; and (c) was inflicted an injury on the victim, such as the blood frame 5 balance on the left side, which is necessary for approximately four weeks of treatment.

2. On July 23, 2015, the Defendant: (a) collected the lower level of the dangerous object, which was a dangerous object of the victim, and committed assault against the victim, on the ground that the victim resisted the assault under paragraph (1) and used the victim to drink the alcohol continuously in a hospital rest room; (b) around July 23, 2015, the Defendant collected the lower level of the dangerous object from the hospital rest room; and (c) committed the assault against the victim, carrying the dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each written statement, photographs, emergency records, and diagnosis records to C;

1. Relevant Article 257(1) of the Criminal Act - The choice of imprisonment - Articles 261 and 260(1) of the Criminal Act, the choice of imprisonment

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Probation Criminal Act, in the case of the crimes of assault No. 1 [Scope of Recommendation], the scope of final sentence according to the aggravation of multiple crimes: April to 18 [Pronouncement Decision] in the case of assaulting Crimes of Type 6 (Habitual Habitual Offense, Habitual Assault. Special Violence], the mitigation area (including serious efforts to recover damage), the mitigation area (including voluntary efforts to recover damage), the mitigation area (in the case of general mitigation), the mitigation area (in the case of general injury) (in the case of February to 1), the mitigation area (in the case of special mitigation), the mitigation area (including serious efforts to recover damage), or the recovery of considerable damage, the mitigation area (in the case of special mitigation), the mitigation area of punishment (including the case of serious efforts to recover damage) or the recovery of considerable damage.