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(영문) 수원지방법원 안양지원 2018.04.13 2017고단2345

폭행치상

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 12, 2017, the Defendant: (a) around 08:50, at the male toilet of the 1st floor of the Gu B building in Ansan-si, and (b) at the time, the Defendant prevented the Defendant from entering the toilet, and (c) during which the victim was able to take sound into the toilet, the Defendant used physical fighting with the victim to take the victim into the toilet, and committed assault by harming the victim by putting the victim into the toilet, who was able to take the sound into the toilet.

피고인은 이로 인하여 피해자에게 팔과 다리에 멍이 들고 허리를 삐끗 하게 하고 무릎을 다치게 하는 등 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of C in the protocol of interrogation of the suspect against the defendant by the prosecution;

1. Recording recording recording and reporting;

1. Part of the statement made by the police in relation to C; and

1. A report on internal investigation (verification of CCTV at the site of occurrence), CCTV photographs, and CCTV CDs;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

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

1. The circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: One time of having the record of being fined for the same kind of crime.

The elderly victim seems to have suffered from the heart pain due to this case.

The favorable circumstance seems to be the attitude of the defendant to reflect the wrongness.

The degree of injury is significant due to contingent crimes.

It is difficult to see it.

There shall be no criminal records of suspended execution or more.

Determination of sentence: Determination of sentence as ordered by taking into account the above circumstances, the age, sex, environment, etc. of the defendant, and the conditions of sentencing.