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(영문) 수원지방법원 안양지원 2020.02.12 2019고단2408
폭행치상등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On November 4, 2019, the Defendant injured the Defendant by assault and injury: (a) around 20:05, at the Cnonode room located in Boan-gu, Sindong-gu, Mandong-gu; (b) the victim D (the victim 56 years of age) who is a singing business owner; (c) and the Defendant under the influence of E, flading the Defendant, and returned home to the Defendant. The Defendant took care of the Defendant’s head and eye of the victim; (d) the victim’s head and eye, and (e) the body part of the body part of the victim several times, and caused the victim to suffer injury, such as a single, etc., without any wife in two open places where treatment is required for approximately two weeks.

2. On November 4, 2019, the Defendant: (a) arrested as a flagrant offender on the same ground as indicated in paragraph (1); (b) assaulted the Defendant’s locking the Defendant’s locking to toilets in G District F in Gyeonggi-gu, Gyeonggi-do, Police Station G District G District on the G District of the G District of the G District of the G District of the G District of the YY YY Y 201, on one hand, on the floor of his/her hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of order in the earth.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. E statements;

1. Investigation report (Submission of a written diagnosis of injury to one victim);

1. Application of statutes governing field video CDs;

1. Relevant provisions of the Criminal Act, Articles 262 and 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Crimes of bodily injury by assault (determination of type) (Special Punishment for Violence): In cases of minor injury (2 and 4 types), in a case where punishment is not made (including serious efforts to recover damage), or in cases where considerable damage has been restored to a part (the scope of recommendation and recommendation), special mitigation (the scope of recommendation) shall be limited.

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