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(영문) 부산지방법원 2018.04.20 2017고합521
폭행등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal record] On November 9, 2017, the Defendant was sentenced to one year of suspended execution on the part of six months of imprisonment with prison labor at the Busan District Court, and the judgment became final and conclusive on November 17, 2017.

[Criminal facts] 2017 Gohap 521

1. Around July 30, 2017, the Defendant: (a) sought to enter a hospital located in the Busan Youngdo area C; (b) however, when the Defendant was under the influence of alcohol of the Victim E (61) who is a security guard, the Defendant breathed the Defendant; (c) took a bath to the victim; (d) booming the breath with his hand; and (e) flading the ebbbbb, and assaulted the Defendant by walking the left mouth on several occasions.

2. When the Defendant was arrested and investigated a police officer called out as a flagrant offender upon receiving a report as a crime under the above paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant found him/her at the above D Hospital around 06:40 on July 30, 2017, and found him/her again at the above D Hospital, and her hump spathd with the victim’s bath, and dump with his/her hand.

As a result, the defendant assaulted the victim for the purpose of retaliationing the victim's provision of the victim's right to investigation and statement of the damage.

around July 29, 2017, the Defendant: (a) asked the victim G (V) (V) within the Felurian area located in the Busan Young-gu, Busan, to buy alcohol by calls on July 29, 2017; (b) however, the victim rejected the request on the ground that he/she was hospitalized in the hospital; (c) on the same day, the victim was hospitalized in the Busan Young-do CD hospital located in the Busan, Young-do; (d) around 08:30 on the same day.

The victim who was found in the sick room No. 706 was cleeped with her hand, and the security personnel of the above hospital prevented the defendant, and show it out of the hospital. However, on the same day, at around 09:15 on the same day, assaulted the victim's left side with her hand floor, such as finding the above sick room again, and her blicking the victim's loss.

Summary of Evidence

[2017 Gohap 521]

1. Statement of the defendant in the first trial record;

1. A protocol of suspect interrogation of the police against E, and a protocol of each police statement;

1. Investigation report (investigation into the parts above the victim's wife), each photograph (2017, 622);

1. The first time;

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