logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.22 2018고단796
폭행등
Text

A defendant shall be punished by imprisonment for not more than four months and not more than ten days of detention.

Reasons

Punishment of the crime

[criminal history] On September 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of obstructing the performance of official duties in the Daegu District Court’s branch branch on September 29, 2016, and completed the execution of the sentence in Busan Correctional Institution on September 19, 2017.

[Criminal facts]

1. On November 19, 2017, the Defendant, at around 20:25, committed assault against the victim, on the ground that the victim E (58 years old), who is an employee of the said main shop, took a bath for drinking and avoiding disturbance at “D’s main point of “D” operated by the head office located in Geum-gu, Busan, and used the victim’s bath to read “n’s other frighte, dead, and only her dead,” and assaulted the victim, such as booming the victim’s breath by hand.

2. The Defendant, at the time and place specified in paragraph (1) of the Punishment of Minor Offenses Act, arrested the offender as the current offender of the said assault case, and committed an act of revocation of the principal by doing rough words and actions at a public office, such as uttering, and uttering, for the police officers belonging to the said district under the influence of alcohol from around 20:50 on November 19, 201 to 21:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes concerning investigation reports (related to suspect criminal history);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, choice of imprisonment, and option of punishment) concerning the facts constituting an offense, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the revocation of the owner of an official document, the selection of a penal penalty, and the selection of a penal penalty);

2. Article 35 of the Criminal Act for aggravated repeated crimes (Crime of Violence)

3. The degree of assault and assault for the reason of sentencing under the former part of Article 37 and Article 38(1)3 of the Criminal Act, which are significant in the aggravated punishment for concurrent crimes.

A sentence shall be imposed in consideration of the fact that the person commits the crime of this case during the period of repeated crime, the fact that the person has been punished for the same crime, and the fact that the damage has not been recovered.

Further to the above circumstances.

arrow