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(영문) 수원지방법원 안양지원 2017.06.16 2017고단318
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 318]

1. 폭행 피고인은 2017. 2. 25. 03:00 경 안양시 동안구 경수대로 529에 있는 호 계사거리 앞 도로에서, 택시기사인 피해자 C(48 세 )에게 " 시 발새 꺄! 시발 놈아! 왜 그냥 지나 가냐 “라고 욕설하고, 이에 항의하는 피해자에게 권투 동작을 취하면서 주먹을 휘두르고, 양손으로 피해자의 목 부위를 끌어안아 당긴 후 손으로 피해자의 목을 밀치는 등 피해자를 폭행하였다.

[2017 Highest 471]

2. On December 17, 2016, the Defendant suffered from the victim F (54 years of age) while avoiding the disturbance from the victim F (54 years of age) at the 'E main store located in Ansan-si around 01:00 on December 17, 2016, the Defendant suffered from the victim’s face, chests number of times, and the victim’s clothes, etc. from several times, resulting in a single injury to the victim, which requires treatment for about 14 days of age.

Summary of Evidence

[2017 Highest 318]

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A damaged photograph (2017 Height 471);

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to on-site, victim photographs, and CCTV image-shield data;

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

1. The sentencing range under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, shall be the mitigated area (two months to one year from imprisonment), and Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (hereinafter “Aggravated Punishment”) (hereinafter “Aggravated Punishment”), - The basic area (two months to ten months from imprisonment), and Article 1 of the Act on the Aggravated Punishment of Crimes (hereinafter “Aggravated Punishment”): The range of final recommendations for multiple crimes for which there is no special sentencing person: Imprisonment of two months to one year and five months [Pronouncement of imprisonment]; the latter part of the Act on the Aggravated Punishment of Concurrent Crimes; the latter part of the Act on the Aggravated Punishment of Violence has repeatedly committed the same kind of crime even if there are several crimes related to the act of violence, and the latter part of the Act was established on April 14, 2016.

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