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(영문) 의정부지방법원 2020.06.30 2019고단3265
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 6, 2019: (a) around 23:20 on June 6, 2019, the Defendant assaulted the victim’s head and body body by moving into a small room on the ground that the victim D (the 35 years of age), who is his/her father, has recklessly laid away the ice used by the Defendant (the 35 years of age) at the Defendant’s dwelling in the Guri-si B apartment C, Siri-si’s family.

2. The Defendant causing property damage, at the same time and place as the preceding paragraph, was assaulted by the said D, and was promptly flusium flusium flusium located in the dwelling space, and was damaged as soon as the Defendant and the victims jointly owned.

3. A special injury: (a) at the same time and place as set forth in paragraph (1) of this Article, the victim E, who is the father of the defendant, (here, 36 years of age), taken off the course of the Defendant’s assaulting D, leaving the victim’s speecher, or having the kitchen installed a kitchen at the same time and place, leaving the victim fright with a view to the victim, leaving 2 times at the time of the dangerous things on the table, and faced with the victim’s eye, causing the victim to face about 14 days in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement of D and E, injury diagnosis report, and statute on the site of the case;

1. Relevant provisions of the Criminal Act and Articles 260 (1) (the point of violence, the choice of imprisonment), 366 (the point of causing property damage and the choice of imprisonment), 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the crime;

1. Of concurrent offenders, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be subject to discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service and lecture attendance order;

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

(a) Crimes No. 1 (Special Bodily Injury Decision) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (No. 1) Special Injury (Special Bodily Harm) (Special Bodily Harm) (Scope of Recommendation and Recommendation) (Scope of Recommendation) and six months to two years.

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