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(영문) 창원지방법원 마산지원 2019.08.14 2019고단467

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around 06:50 on August 6, 2018, the Defendant assaulted twice on the floor of the part of the victim on the ground that the victim was aware of the victim D(55 years of age) E in the parking lot C, a stock company located in Hanam-gun B, Hanam-gun, on the ground that the victim was aware of himself/herself.

2. A special injury Defendant, at around 17:00 on August 6, 2018, assaulted the Defendant on the ground that the occurrence of the foregoing days still occurred in the above parking lot, in line with the foregoing paragraph 1, on the ground that it still fell under the said paragraph, but was not prosecuted due to the Defendant’s want to punish;

After the completion of the victim's work, the victim's head was reduced once by one part of the victim's head, which is an object dangerous to the victim's next side, and the victim was put up two open measures that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A victim and on-site photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Articles 260 (1), 258-2 (1) and 257 of the Criminal Act concerning the option of criminal facts;

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

1. The scope of recommending punishment according to the sentencing guidelines for a special injury by a criminal, among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, is six months to two years of imprisonment.

(Basic Area) Based on this, the sentencing conditions, including the Defendant’s age, environment, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered in consideration of all the following circumstances.

-that the nature of the offence is not good, such as unloading from the latter using dangerous things, etc., of the victims arranging their animals for the reason that they are more appropriate than anything else;

There was no agreement with the victim.

-However, the accused is recognizing and opposing the facts of the offence.

There is no criminal record exceeding a fine, and the same criminal record is only one time.