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(영문) 전주지방법원 2015.02.05 2014고단237

폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

1. On January 22, 2014, the Defendant: (a) around 11:30 on January 22, 2014, the Defendant: (b) deemed that, while drinking alcohol at the main point of the “E” of the operation of the DD located in Yansan-gu Seoul Special Metropolitan City, the Victim F (F, 80 years of age) went into the water, and without any justifiable reason, the Defendant Daceded the victim with the voice of “Chh, alkh, dead,” and tighted the victim by shicking it over the victim’s her back, and her head was knee and kneed with the victim’s hne and right-hand kne.

Accordingly, the Defendant assaulted the victim as above.

2. 2014. 2. 6. 폭행 피고인은 2014. 2. 6. 14:30경 전주시 완산구 C 위 ‘E’ 옆 위 피해자가 운영하는 의류점에 들어갔다가 피해자로부터 “술을 먹고 왜 들어오냐, 술이나 먹지”라는 말을 듣자 이를 트집잡아 피해자에게 “야 씨발년아, 여기가 못 오는 데냐”라고 소리치며 옆에 있던 의자를 들고 피해자를 때리려고 하고, 계속하여 손으로 피해자의 머리를 잡아 넘어뜨린 후 손으로 피해자의 뺨을 2회 때리고 발로 우측 허벅지를 1회 걷어찼다.

Accordingly, the Defendant assaulted the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and D;

1. Application of the criminal brief, investigation report, and each accompanying statute of the victim photograph;

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

1. From among concurrent crimes, it is recognized that the defendant, who led to the confession of the crime of this case, reflects the mistake in the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.

In addition, even though the defendant did not have a lot of criminal records for the same kind of crime, the defendant committed the crime of this case at another time, and the defendant committed the crime of this case on two occasions under the influence of alcohol, such as saving the victim who dumpedly with no reason.