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(영문) 서울남부지방법원 2017.09.06 2017고단1372

폭행치상

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

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

Reasons

Punishment of the crime

Defendant

B is the mother of Defendant A, the victim E (n, 83 years old) is the mother of the victim D (n, 60 years old), and the Defendants and the victims are neighboring residents living in the same NA.

Defendant

B around 17:00 on November 16, 2016, on the ground that the victim E in Geumcheon-gu Seoul Metropolitan Government F was satisfing the bottom of his cleaning, “I ambling a cleaning agent,” and “I ambling up the back of the victim by hand, I ambling him with his head in the front door, and pushed him by hand.”

Accordingly, the victim D was able to control the defendant B, and the defendant A, who arrived at the above defendant's chest by hand, was sweaked to the wall by putting the victim's d's neck and shoulder, was pushed down to the wall by hand, was pushed down with the victim E's shoulder, was pushed down, and continued to cut down the victim's d's neck up to the floor by cutting down the victim's d's body.

As a result, the Defendants conspired to assault the victim E and suffered from the left-hand 60-day framework in need of treatment. Defendant A assaulted the victim D and suffered approximately approximately 12 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E and D;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate (inwards No. 63 and 64 of investigation records);

1. Relevant legal provisions and the defendant A who has selected a punishment on the crime: Articles 262, 260(1) and 30(a) of the Criminal Act; Articles 262 and 260(1)(b) of the Criminal Act; Articles 262 and 260(1)(D) of the Criminal Act; the defendant B who has selected a punishment for imprisonment: Articles 262, 260(1) and 30 of the Criminal Act; Articles 262, 260(1) and (30 of the Criminal Act; the choice of fines;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B: Article 334(1) of the Criminal Procedure Act.