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(영문) 부산지방법원 2017.06.15 2016고단7930

상해

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

On October 12, 2016, at around 01:30, the Defendant was working together with the Plaintiff’s child-friendly job offering E in Busan-gu, Busan-gu about 503, which led to a dispute between the Defendant and the Defendant’s wife G, on the ground that there was no agreement between the Defendant and the victim’s employer (51 tax) and the Defendant’s wife.

Since then, the victim and G were on board the elevator following the other party defendant and E in order to return the elevator to the knife, the defendant was on board the elevator. The defendant was on his hand, before the first floor of the above D D D D D D D D D D D D 1's elevator, the defendant was flicked down the back part of the victim's chest, flicked by the defendant, and flicked the victim's breast part of the victim's chest flick, and flick flick flick flick, which requires approximately 6 weeks of medical treatment to the victim by hand.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. A CD (on-on photographic image);

1. Each investigation report (netly 11,15) (hereinafter “the defendant and his defense counsel”) asserts to the effect that the defendant’s act constitutes a legitimate defense or excessive defense as an act to defend the victim’s assaulting the defendant’s female-child organ. However, in light of the circumstances leading to the crime of this case, the degree of assault by the defendant and its consequences, etc. known by the aforementioned evidence, the defendant’s act cannot be deemed as constituting a legitimate defense or excessive defense, and thus, the above assertion cannot be accepted).

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 62(1) of the Criminal Act on the Suspension of Execution (the execution of imprisonment shall be suspended in consideration of extenuating circumstances or circumstances that are disadvantageous to the victim’s degree of injury, or some of the circumstances that may be taken into account in the course of the instant crime, and the Defendant has no criminal history)

3. The community service order under Article 62-2 of the Criminal Act;