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(영문) 의정부지방법원 고양지원 2019.10.17 2018고단607
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 21:00 on March 5, 2018, the Defendant attempted to keep a beer 2 in the main point of “D” operated by the Victim C (L, 55 years of age) on the Yongsan-gu B and the second floor of Yongsan-gu, Yongsan-gu, Busan and the second floor, and attempted to keep the beer 2 soldiers from drinking and to control the victim from drinking. As a result, the Defendant dumpeded the victim’s head, and assaulted the victim’s head at five times with drinking.

around June 9, 2018, the Defendant: (a) around 23:35 on June 23, 2018, the victim G (20 years of age) who is an employee of the above party branch, was at the top of the victim’s face on the top of the dangerous object held by the victim on the ground that the victim did not have any brus.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

"2018 Highest 2435"

1. Defendant's legal statement;

1. C’s written statement “2018 Highest 2435;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the selection of imprisonment with prison labor) concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: One to seven years of imprisonment;

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

(a) Special assault (decision of type) (decision of type) and the basic area of assault that has no special assault [the sixth] [the scope of recommendation]: Imprisonment with prison labor for April to January 1;

(b) The basic area of assault (decision of type) and assault (decision of type) [No person who has a general assault [No person who has a special assault]]: February to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months to not less than two years;

3. Determination of sentence: The defendant shall be sentenced to imprisonment for six months in connection with the exercise of violence;

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