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(영문) 울산지방법원 2016.08.10 2016고단1899

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 6. 8. 00:55 경 울산 중구 C 2 층에 있는 피고인이 운영하는 D 까페에서 종업원으로 근무하는 피해자 E이 가게 관리를 잘하지 못한다는 이유로 피해자와 말다툼을 하다가 화가 나, 손바닥으로 피해자의 뺨을 2회 때리고, 발로 피해자의 복부를 1회 걷어찼다.

As a result, the Defendant inflicted an injury on the victim, such as salt, tension, etc. in the cryp of the cryp that requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution, taking into account the repetition of the crime of the same kind, risk of repeating the crime, and the fact that the victim was an employee in the position of B at the time in relation to the defendant at the time, but there was no record of criminal punishment heavier than that of the defendant for the same kind of crime until now, and the victim is not subject to the punishment of the defendant by agreement with the victim, and there was a conclusion that granting the defendant an opportunity to repent through suspended execution and observation of protection, etc. rather than punishment, when considering the time difference between the last crime and the crime of the same kind of crime, the degree of injury of the victim, and the circumstances of the crime, etc., the defendant is more appropriate

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;