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(영문) 부산지방법원 2018.06.19 2018고단2015

상해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the Victim C (V, 63 years old) were to teach from around 2010 to around March 2018, and the Defendant did not have good appraisal upon the victim’s request for a specific decision.

1. On March 27, 2018, on the rooftop of the victim's house located in Busan City, Busan, Busan, the injured defendant considered the victim to have met another male, and on the other hand, whether the victim returns to impule.

“Along with the victim’s hair, the victim attempted to boom the victim’s face by breaking up her hair, and booming the victim’s neck, etc., and the victim’s boomed the victim’s boomed the victim’s neck, etc., where the number of days of treatment cannot be known.

2. The defendant under confinement committed assault against the victim at the same time and place as stated in paragraph 1, and after sending the victim a test “not to report.”

In other words, the victim was forced to sit on the floor of the above rooftop, and the victim was detained for about one hour, such as that the victim could not leave the rooftop door before the rooftop entrance.

3. On April 28, 2018, the Defendant infringed upon the residence of the victim by using the entrance doors of the victim located in Busan City, Busan City, Busan, and the entrance doors of the victim, which were copied by the victim, to the dwelling space of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Articles 257(1) (the point of injury), 276(1) (the point of confinement), 319(1) (the point of intrusion upon residence) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines is one crime (finites), general injury (finites of violence) (finites of general injury). The mitigation area (b in February to one year) is mitigated (a special mitigation person).