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(영문) 대전지방법원 2017.02.01 2016고단3879
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 23, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Hongsung Branch of the Daejeon District Court on November 22, 2014, and completed the execution of the sentence in the Daejeon District Court branch office.

1. On March 22, 2016, around 13:00, the Defendant assaulted the victim’s head and body body part of the victim’s bridge in front of the “P convalescent Hospital” located in O, Nam-si, Seoul, on the ground that: (a) the victim Q (58 aged) was the victim Qu (58) was guilty of larceny to the patients hospitalized in other sick rooms; and (b) the victim’s bridge part was walking once on the part of the victim’s bridge; and (c) the victim’s head and body part going beyond the floor on the part of the son and the son.

2. On March 24, 2016, around 19:55, the Defendant obstructed the Defendant’s management and nursing services of the patient at the above hospital, on the ground that, prior to the hospital No. 19:55 on March 24, 2016, the Defendant did not request the victim of nursing on duty (n, 50 years of age) who was working at the hospital No. 1 to debris his/her own clothes when he/she discharged, but did not change the number of lost clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to Q, R and S;

1. Ampid photo of the brue (Evidence Nos. 3), on-site photo (on-site photo No. 5 times);

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes to report an investigation (prior convictions and repeated offenses of suspects);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing guidelines set out in the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 50 of the same Act, based on the sentencing guidelines, the scope of the recommended sentence (from June to November), and the following circumstances, shall be determined as ordered by taking into account:

1. Fundamental crimes (Interference with Duties);

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