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(영문) 대구지방법원 2016.11.17 2016고단4152
폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant sentenced 8 months to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Busan District Court on December 11, 2014, and completed the execution of the sentence.

(Criminal Facts)

1. On August 1, 2016, at around 04:45, the Defendant assaulted the victim by making the face of the victim who sits in wheelchairs wheel chairs, on the ground that at the first floor of C Hospital in Daegu-gu B, the Defendant: (a) entered the hospital, the Defendant would have d (80 years old); and (b) the Defendant would have d(80 years old) enter the hospital.

2. At around 04:48 of the same day, the Defendant saw the victim E (n, 55 years old) who reported TV at the same place as above, put the victim E (n, e.g., TV) at a time and slick, caused the victim to face the wheel chairs on his hand with TV, and assaulted the victim by slicking the victim's head car and slicking the victim's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. A report on investigation (a CCTV analysis in aC hospital);

1. Before ruling: Application of criminal records, etc. inquiry reports, investigation reports (Attachment to a judgment), and Acts and subordinate statutes of the relevant Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, among the concurrent crimes, the reason for sentencing [the scope of recommending punishment] the category 1 of the assault crime (general assault) and the special aggravation area ( April to 1, and June) / [the scope of recommending punishment] the victim who is vulnerable to the crime, the victim of the same repeated crime (excluding the types of habitual assault and repeated assault during the six categories) and 2 of the same repeated crime [the scope of recommending punishment] and the special aggravation area ( April to one year and six months) [the victim who is vulnerable to the crime] and the victim who is vulnerable to the special aggravation area (excluding the types of habitual assault and repeated assault in the six categories] [excluding the types of habitual and repeated assault in the six categories], the scope of final sentencing according to the majority aggravation of the same repeated crimes (excluding the types of repeated assault in the six categories]: April to 23 months [decision of sentencing].

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