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(영문) 전주지방법원 2018.07.12 2018고단924

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 11, 2018, the Defendant, at the 313 heading room of the D Hospital in Kim Jong-si, Kim Jong-si around 09:20 on March 11, 2018, told the Defendant that he was “the Defendant,” and the victim was “the Defendant,” who was in a dispute with the said patient E (n.e., the age of 43) and the patient nursing, and assaulted the victim by bating the victim’s baton with her hand.

2. Special intimidation: (a) the Defendant uses excessive amount of dangerous articles that were in a nurse room at the same place as indicated in paragraph (1) around March 11, 2018; and (b) uses the victim’s item as a string; and (c) makes the victim feel slick; and (d) finally dies.

"............ the victim was threatened by carrying dangerous things by engaging in the same behavior with a string of the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing excessive and standing photographs;

1. Article 260 (1) of the Criminal Act (the point of violence) and Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of adding up a maximum term);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Basic crime: No type 4 (Special Intimidation) (Special Intimidation) exists for a crime of intimidation [the scope of a recommendation sentence] (the scope of a recommendation sentence] from June to one year and six months (the basic area);

(b) Concurrent Crimes: Crimes of assault (a type of determination) where the degree of assault is minor (a person subject to special sentencing) No. 1 (a person subject to recommendation) (a person subject to special sentencing) (a person subject to recommendation), from January to August (a person subject to mitigation).

(c) Application of standards for handling multiple crimes: From June to October 1;

2. The crime of this case, following the Defendant’s assaulting the victim and committing an act that seems to have a dangerous object, and the crime of this case is not good enough to be committed.