(영문) 수원지방법원 여주지원 2018.05.09 2018고단109

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2018.05.09 2018고단109

폭행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On December 24, 2017, the Defendant: (a) 21:30, around the house of the victim D(44) located in Gyeonggi Pyeong-gun C, and (b) her was under the influence of alcohol to mislead the victim into the house of his/her house and to the house of his/her house; (c) her face was prevented from the victim; and (d) her son was frighted by his/her face, and assaulted the victim on the part of his/her house.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police for E;

1. The Defendant denied the facts charged by denying the Defendant’s face other than the breath of the victim’s breath. However, according to the evidence adopted and examined by this court, the Defendant, after opening the body of the victim’s house, opened the victim’s house and satisfing the victim’s house and satisfing the victim’s house, requested the victim to leave the house. As the victim demanded the Defendant, the Defendant satfing the breath of the victim’s breath and satched the victim’s satch. The victim requested the neighbor’s house and the police, and then requested the neighbor to leave the bat and face of the victim, the Defendant was able to take the victim’s face and face while she attached the Defendant. The Defendant was able to recognize the fact that the victim satisfing the victim’s face and body satisfing.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 of the Criminal Act concerning the selection of punishment, and reasons for sentencing of punishment of imprisonment;

1. The scope of punishment by sentence: Imprisonment for one month to two years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended punishment] and the basic area (two months to ten months) of the crime of assault (general assault) (no person subject to special sentencing).

3. The crime of this case by which the sentence of sentence was rendered is deemed to have been infringed upon the peace of the victim’s residence, and the face of the victim appears to have been insignificant in the strength of the assault committed by the defendant.

The defendant assaulted the victim in addition to the breath, on the ground that he was drunk, that his memory is not well-being.

참조조문

-형법 제260조 제1항

유사 판례

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