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(영문) 창원지방법원통영지원 2020.12.08 2020고단1047

폭행치상등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim B (ma, 50 years of age) are in the NA line relationship, and the victim C (mama, 50 years of age) is a person accompanying the victim B and the victim C is in the E main points in the building in the building in Gyeong-nam, Gyeong-si, Gyeong-si, Gyeong-si, 2020.

1. Under the influence of alcohol at the above date, time, and place, the Defendant suffered injury to the victim, on the ground that, while making the victim boomed with the victim B, he had the victim take the front stairs before the above main point, and she took the victim's face by drinking his blue hand and blue blue blue with the victim's left hand, making the victim blue blue in the process go beyond the stairs, thereby causing about four weeks of treatment to the victim, she suffered injury, such as cutting down the 4-month blue blaf, etc.

Accordingly, the defendant committed violence against the body of the victim, thereby causing injury to the victim.

2. The Defendant: (a) at the time and place specified in Paragraph (1) of this Article, the victim C taken his cell phone phone so as to take a photograph of the situation in which the Defendant committed an assault against the said B; and (b) carried the victim’s flaps with his left hand, and shaking the flab

Accordingly, the defendant committed violence against the victim's body.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written diagnosis of injury to each statement;

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Articles 262 and 260 (1) of the Criminal Act (the point of injury caused by violence), the choice of imprisonment with prison labor for each crime;

1. Reasons for sentencing among concurrent crimes: The reason for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in the crime of injury by violence with heavy punishment within the scope of the sum of the long-term punishments of two crimes);

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment for Violence) (Determination of Punishment for Violence) shall [Type 2] have no person injured by assault (specific person)] (the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for not less than four months and two years;

(b) Second crimes (Assault).