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(영문) 부산지방법원 2020.07.22 2019고단5976
폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 11, 2019, at around 04:15, the Defendant: (a) committed assault, such as breathing, breathing, breathing, breathing, breathing, breathing, breathing, breathing, breathing, breasting, etc., the victim E, who was a customer, was clicking, breathing, etc., of the victim E, who was a customer.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of E and D;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year (the upper limit of crimes No. 2) for two months;

2. Determination of sentence: Sentence is inevitable due to high possibility of recidivism, in that it is repeated for a single crime;

Therefore, in consideration of the age, character and conduct, environment, and circumstances after the crime of the defendant, the punishment is determined as per the disposition.

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