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(영문) 대전지방법원 논산지원 2017.09.26 2016고단580
폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was living together with the victim B (n, 56 years of age) and about one year.

1. On August 1, 2016, the Defendant: (a) 19:30 on August 1, 2016, the Defendant: (b) committed an assault on the victim’s face, hair, bridge, etc. on the ground that the victimized person was unsatured by hiding his/her own house, and did not talk about his/her own house; and (c) the victimized person was unsatured by driving away his/her house at the said restaurant; and (d) obstructed the victim’s face, hair, and bridge, etc. on the ground that he/she was satured.

2. On August 3, 2016, at around 01:00, the Defendant: (a) took a bath in the victim’s residence located in Chungcheongnam-gun, Chungcheongnam-gun; (b) without any justifiable reason, she took a breath of “Aar chh” without any reason; and (c) assaulted the victim by walking the victim’s side frith of the victim’s side fright.

3. On August 3, 2016, at around 10:00, the Defendant: (a) took the influence of alcohol at a place specified in paragraph (2) at around 10:00; (b) took a breath without any justifiable reason, she embling the Defendant’s crypted the Defendant’s face and head; and (c) assaulted the victim by drinking the Defendant when she can check the victim’s face and head.

4. On August 8, 2016, around 19:00, the Defendant: (a) expressed the victim’s desire to “hysium” without any justifiable reason under the influence of alcohol at the places described in paragraph (2) at around 19:0; (b) assaulted the victim by drinking his/her face, head, and body.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against B;

1. 112 A list of reported cases;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (such as dispatch to the scene);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The instant crime on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is deemed to have been committed several times without any particular reason by the Defendant, and the Defendant has not paid not only the victim’s agreement but also the damage until now.

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