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(영문) 부산지방법원 동부지원 2016.08.10 2015고단1422
폭행등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around 13:30 on June 11, 2015, the Defendant used the shoulder of the victim E (V, 59 years old) who was frighted in Yeongdeungpo-gu Seoul Metropolitan Government, without any special reason before D pharmacy located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, with the shoulder of the Defendant, and assault the victim over the floor.

around 09:40 on May 31, 2016, the Defendant, “2016 Highest 837,” in a state of mental and physical weakness, went into the residence of the victim G (n, 85 years old) located in Busan Southern-gu, Busan-gu, and went into the victim’s house room with the entrance of the place where the dangerous object is carried and opened (one meter in length) and went into the victim’s house room, and went into the victim’s house with the above metal system, as it threatens the victim’s back, and went into the victim’s seat with his hand.

Accordingly, the defendant carried dangerous things into the residence of the victim, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements statutes in witnesses E and G;

1. Article 260(1) of the Criminal Act applicable to the facts constituting an offense; Articles 320 and 319(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; Articles 260(1) of the Criminal Act; the choice of imprisonment with prison labor;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Opinion of Prosecutor] 2 years of imprisonment with prison labor for a year (decision of sentence], the age, sex, intelligence and environment of the defendant, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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