(영문) 의정부지방법원 고양지원 2013.09.27 2013고합69

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자간(%)

(영문) 의정부지방법원 고양지원 2013.09.27 2013고합69

폭행치사

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 2000, the Defendant had been in de facto marital relationship with the victim E (the age of 51) from around 2005, when the victim depended on the alcohol due to depression, etc., the Defendant had been in a dispute with the victim from time to time on the ground that the victim had alcohol under the influence of alcohol, etc., and continued dispute with the victim's arms under the influence of alcohol.

On March 2013, the Defendant committed assault against the victim on the ground that the victim had alcohol in the Defendant’s residence, which was located under F-F 5, Goyang-dong, Goyang-dong, Goyang-si, Goyang-si, on the ground that he would be able to see that she would be unable to do so to do so. The Defendant was able to get the victim to brea on the floor so that she would come up with a bridge on the breabb, she was pushed down, was pushed down with the victim’s hand, she was pushed down, she was pushed down, she was pushed down, and she was tightly 30 to 40 minutes of the victim’s chest part, and she was tighted against the wall by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Search and investigation in and around the site);

1. Application of the Acts and subordinate statutes on the body of the deceased, the site photograph;

1. The relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of punishment by law: Imprisonment with prison labor for not more than two years;

2. Application of the sentencing criteria (determination of type), violence, assault, general assault (Scope of recommendation), basic area of imprisonment, two months to ten months.

3. Determination of sentence: The defendant is a spouse in a de facto marital relationship with the victim in six months of imprisonment and has caused the crime of this case by taking into account the circumstances leading to the crime of this case, such as the victim's assault while knowing that he was in an unsound health condition with a drinking wall: Provided, That he has taken into account the confession and reflect of the crime of assault, the fact that the defendant has no record of crime, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances before and after the crime.

참조조문

-형법 제260조 제1항

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