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(영문) 대구지방법원 포항지원 2016.08.11 2016고단400

폭행등

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

Reasons

Punishment of the crime

1. On September 2015, 2015, the Defendant: (a) the Defendant, on the ground that the Defendant sent a brub air with a half of the brubed bedb to the guest at the D cafeteria located in the Halleung-gun, U.S., would have a brub to the Defendant on September 2015.

"Gradation" and a misunderstanding team was followed by the victim's head.

In addition, from October 26, 2015, the Defendant assaulted the victim five times from that time until October 23:00.

2. On November 4, 2015, the Defendant: (a) suspected of having the victim’s appearance at the Defendant’s home located in Ulleung-gun, Ulleung-gun, Ulleung-gun, and (b) suspected of having the victim’s face one time by drinking, and (c) had the victim’s face one time by drinking.

As a result, the Defendant brought the victim with a multi-mediate scambry which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (victim) and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (to attach a joint signature of a person) (a joints);

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Crimes No. 2, for which no basic area (referring to four months of imprisonment or one year and six months of imprisonment) exists (referring to any person subject to special sentencing) of the sentencing criteria for the crimes of Class 1 [the scope of punishment for the crimes of violence] (where a person subject to special aggravated punishment is repeatedly committed during a considerable period of time, the aggravated area (referring to four months of imprisonment or one year of imprisonment) of Category 1 (referring to a person subject to special aggravated punishment) [the scope of punishment for the crimes of violence, the final scope of punishment due to the aggravated punishment for the crimes of multiple crimes: four months of imprisonment or two years of imprisonment;

2. Circumstances unfavorable to a sentence of punishment: The wife;