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(영문) 창원지방법원 통영지원 2021.02.23 2020고단1006
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2020, the Defendant assaulted the victim D (n, 60 years of age) who was suffering from the abolition of the Defendant’s custody in the territory of Tong Young-si, 13:50 on July 21, 2020, which was located in B, that read, “The year of this weather is one of the 60 years of age, in this context, there is No. 30 years of age.” The Defendant used the victim’s name as the victim’s hand, harming the victim, harming the victim, harming the victim, and harming the victim’s head.

On November 13, 2020, the Defendant: (a) tried to collect the abolition from the street in front of “F” located in Sinyoung-si, 18:00 on November 13, 2020; (b) reported that the said victim was collecting the abolition before the Defendant; and (c) assaulted the victim’s shoulder by hand.

Summary of Evidence

" 2020 Highest 1006"

1. Application of Acts and subordinate statutes to the defendant's protocol of statement in court by the defendant of 2020 High Order 1549;

1. Article 260(1) of the Criminal Act by which the punishment for concurrent crimes is aggravated as provided in the corresponding Article of the Criminal Act and Articles 38(1)2 and 50 of the same Act concerning the selection of criminal facts;

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., of the Criminal Act to observe Article 62(1) of the Suspension of Execution of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

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

(a) Crimes No. 1 (Assaults) [Determination of Type] Violence / [No. 1] General Violence / [No. 1] / [the territory of recommendation and the scope of recommended punishment] Basic Field, Imprisonment with labor for two months to October;

B. No. 2 Crimes (Assaults) [Determination of Type] Violence / [No. 1] General Violence (Special Sentencing)] (Scope of Recommendation and Recommendation], Basic Field of Crimes (Scope of Recommendation and Recommendation) , February - October 10

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Two months to one year (the maximum of crimes No. 2).

3. Determination of sentence: April of imprisonment with prison labor, the developments leading to each of the instant crimes in one year of suspended sentence, the extent of damage resulting therefrom, and in particular, the said victim prior to the occurrence of the crime.

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