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(영문) 수원지방법원 안산지원 2017.07.19 2017고단1308

폭행치상

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 November 17, 2016, the Defendant, at around 23:00, called “C” at the main point of “C” located in B, for the reason that the Defendant avoided the disturbance of the victim D ( South Korea, 52 years old). During the dispute with the victim, the Defendant flicked the victim into her flicker, and her flicker, and her flicker, the Defendant her flicked with the victim, and her flicked out of the said main point.

Defendant continued to engage in a dispute with the victim on the road outside of the main point above the above day at the end of the day, and had the victim play balth and falped together with the victim while playing falth, and had the victim go beyond the floor with the victim. Ultimately, the victim suffered injury, such as “the left-hand sulvergization of sulverging on the left-hand side,” which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Photographss, investigation reports (the analysis of the said images) and investigation reports (the statement of the employee to be produced by the employee) after closure of the said images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 262 of the Criminal Act, Articles 262 and 257 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommendations based on sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of recommendations based on sentencing guidelines for sentencing: the basic area (4 to 2 years) of the crimes of assault (special mitigation) [the victim] shall be determined within the scope of the recommended sentence by taking into account the circumstances favorable to the following, such as the occurrence of the crimes or the expansion of damage where the victim is also responsible for the occurrence of the crimes or the occurrence of serious injuries (2 and 4 types), and the responsibility for the crimes of this case such as the occurrence of serious injuries (2 and 4 types) and the obstruction of investigation by the defendant's presence of witness. However, the defendant is not easy, but the victim who was faced with his body fighting is also liable for considerable parts, the defendant has no previous criminal records for the same kind of crimes between the last 10 years, and the defendant has no previous criminal records for the same kind of crimes