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(영문) 서울북부지방법원 2017.09.15 2017고단1948

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

The defendant is an environmental U.S. dollars.

On February 23:00 on February 12, 2017, the Defendant: (a) collected waste from one waste in front of the house of the victim D (n, 42 years of age) located in Gangnam-gu Seoul, Seoul; (b) caused disputes; (c) caused the victim’s mother from outside of the house to gather waste in front of the house of the victim; and (d) took a photograph of the said sound; (c) caused the victim from outside the house to prevent the Defendant from taking a crobbris; and (d) caused the victim’s face and head part two times in order to prevent the victim from taking a crobris; and (e) caused the victim’s tension and tension in need of approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (CCTV investigation), CCTV video CD reproduction result;

1. Statement made by the police against D;

1. A written inquiry of facts, a reply to the fact that the defendant did not cause any injury to the victim, but according to the evidence above, it is sufficiently recognized that the defendant used the victim to assault and injure the victim as stated in the above facts of crime.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Minor injury (1, 4 types) in the mitigated area (2 months to one year) (2 months to one year) of the mitigated area, the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) general injury;

3. The fact that there are several records of punishment for the crime of final and conclusive violence, and that it is not agreed with the victim is disadvantageous.

On the other hand, it is favorable that the degree of injury suffered by the victim is not much serious, and that there are circumstances that can be taken into account the background leading to the crime of this case.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.