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(영문) 대전지방법원 2021.02.05 2020고단4702
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A special assault: (a) around 14:00 on May 23, 2020, the Defendant, while drinking alcohol together with the victim’s Z (56 years of age) in Seo-gu Daejeon Seo-gu, Daejeon on May 23, 2020, caused misunderstanding of the drinking value; (b) caused misunderstanding of the drinking value; (c) caused an empty cattle disease, which is an object dangerous to chemicalizing, one time at the end of the victim; (d) caused the victim’s shoulder with plastic chair and pushed the victim’s chest.

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

2. 폭행 피고인은 2020. 5. 23. 14:40 경 위 1. 항 기재 장소에서, 피해자 AA(54 세) 이 위 폭행에 대한 112 신고를 받고 그곳에 출동한 경찰관에게 피고인을 범인으로 지목하자 이에 화가 나 주먹으로 피해자의 얼굴 부위를 1회 때리고, 발로 옆구리를 1회 찼다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Each police statement concerning the defendant's legal statement AB or Z;

1. A written statement;

1. One copy of the investigation report (investigation into the attachment of the victim's Z injury diagnosis report) 119 first aid activities;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the choice of imprisonment for the crime;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is committed on the grounds that the defendant was sentenced to imprisonment with prison labor for 6 months in the Daejeon District Court on November 22, 2018, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and assaulted the victim AA due to drinking and propagation, and the crime is not significantly good, and the defendant did not receive correspondence from the victims, and the defendant repeats the same crime despite the majority of criminal records such as assault and bodily injury. In particular, the defendant was sentenced to imprisonment with prison labor for 6 months in the course of obstructing the performance of official duties at the Daejeon District Court on the grounds that the above judgment became final and conclusive and conclusive on the grounds that the defendant had been under suspension of execution.

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