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(영문) 부산지방법원 2019.06.12 2019고단231

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

Reasons

Punishment of the crime

around 21:00 on November 15, 2018, the Defendant: (a) thought that the victim D (Woo, 38 years of age) who was the wife was out of the place of B apartment C in Busan Dongdong-gu, Busan, and was in dispute; (b) assaulted the victim by breaking his head debt with his hand; (c) sprinking him with his head debt with his hand; and (d) sprinking him with his head debt; and (d) sprinking him.

around 20:00 on October 29, 2018, the Defendant: (a) returned home with his wife D (n, 38 years of age) and his daughters in front of the Busan Eastdong B apartment C dwelling site; (b) while returning home with his wife D (n, 38 years of age) before the Busan Eastdong B apartment C dwelling site, the Defendant thought that the victim was out of Korea during the period of the Defendant’s dwelling, and was able to take a bath for the victim, and caused the victim to be pushed up to the floor, thereby leaving the floor for about five weeks.

Summary of Evidence

[2019 Highest 231]

1. Defendant's legal statement;

1. Statement made by the police with D (2019 high-ranking89);

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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) (Bodily Injury): General injury [Type 1] general injury [Special Bodily Harm] mitigated element: Where an intentional act is committed (in the area of recommendation and the scope of recommendations), mitigated area, imprisonment with prison labor for two months through October;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year (the upper limit of crimes No. 2) for two months;

3. Sentence;