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(영문) 부산지방법원 2018.01.17 2017고단4441

폭행등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 29, 2016, the Defendant: (a) committed a dispute with the victim D (at least 50 years of age) who is his/her employee, on the ground that he/she was not fully paid 1.20,000 won, such as the credit value, at around 20:18, the Defendant got off the floor of the victim’s chest with his/her hand.

Accordingly, the defendant assaulted the victim.

2. The Defendant, at the same time and place as above, she saw “E”, an employee of the said time and place, and resisted against the Defendant, she scamblinged with the said E, which is a dangerous object in the line with the said E, and she scambling him/herself, she scambling him/herself, which was a dangerous object in the line with the said E at the place where he/she left the said fighting, and she scam off the head of the Victim F (26 years old) who was an employee of the said fighting.

As a result, the defendant carried dangerous things and carried them for about three weeks to give medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal death (Submission of a medical certificate of injury);

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Each of the crimes of this case on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is that the Defendant, as seen above, committed a crime of this case by assaulting or harming the victim D, thereby causing a bodily injury that requires approximately three weeks of medical treatment by pricing the head of the victim F, which is a dangerous object, and the charge is bad.

However, the fact that the defendant is against the defendant, the first offender, the fact that the victim F was compensated and agreed, the degree of the victim F's injury seems not to be serious, and the defendant's age, sexual behavior.