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(영문) 수원지방법원 여주지원 2019.05.24 2019고단376
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 12:40 on January 8, 2018, the Defendant used the C Hospital D's disease room located in Ischeon-si, the victim E (20 years of age) who used the same sick room does not close the door and used it as a sprink (1m in total length) and assaulted the victim's head at the time of the victim's head.

around 15:00 on March 14, 2019, the Defendant: (a) expressed that “A victim H (69 years of age) who has an appraisal of a financial relationship and a separate criminal case in front of the “Gmaart” located in Echeon-si, Echeon-si; (b) took a bath to “the son, frh, and frh, frh; (c) frh, frh, frh, frh, and frh, frh, frh, of the victim.”

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Police suspect interrogation protocol regarding E;

1. Reporting on investigation (Submission of a written agreement) (201 high-class 420);

1. Application of Acts and subordinate statutes on the statement of H;

1. Articles 261 and 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution include the motive of the crime of assault against the victim H and the records of having been punished as multiple violences, etc. shall be considered disadvantageous circumstances. However, consideration shall be given to the urgency and reflect, and agreed with the victim E

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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