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(영문) 대구지방법원 2020.02.05 2019고단3729
폭행
Text

A defendant shall be punished by imprisonment for four months.

except that 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

On July 15, 2019, the Defendant: (a) was the tenant of the housing managed by the victim C (V, 62 years of age) who is the visually impaired in Daegu Dong-gu, and (b) took care of the victim who is cleaning a marina in the housing in the above housing on July 15, 2019; (c) took care of the victim without any reason under the influence of alcohol; (d) took care of the victim by hand, and assaulted the victim at once, such as the victim, by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement regarding C;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to report on investigation (Confirmation of Victim C's Intention to punish);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. The suspended sentence under Article 62(1) of the Criminal Act takes into account the following factors into account: (a) the Defendant had a large number of identical criminal records, which led to the instant crime; and (b) the fact that no specific measures have been taken to recover from damage has been taken up until now; (c) the Defendant is deemed a person entitled to basic living benefits; and (d) the Defendant is deemed a person entitled to basic living benefits; and (e) the Defendant is sentenced to the same sentence as the disposition, taking into account all other circumstances,

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