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(영문) 수원지방법원 성남지원 2019.07.09 2019고단351

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

Criminal facts

Some of the facts charged were corrected.

On January 22, 2019, the Defendant requested the Defendant to pay the loans at a distance prior to the Sungnam-si Babel on January 18:10, 2019, and the victim C (the 65-year old-old age) expressed a bath, boomed the Defendant’s boom with her hand, her scambling with the victim’s scam, her hand, and her scam over the upper floor, and her body part of the victim’s body that might drive away from the Defendant, and her boomed the victim over the floor.

As a result, the defendant abused the victim and suffered injury, such as the mouth of the 74 days of need for treatment, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to on-site photographs, CCTV images closure photographs (influence 42 pages of investigation records);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (1), and 257 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, on the grounds of conviction under Article 62-2 of the Social Service Order Criminal Act, asserts to the effect that the victim was either deprived of his/her center and went beyond his/her center, and that the Defendant did not injure or interfered with the victim.

We examine this.

According to each of the above evidence, the defendant's body of the victim who saw a dispute with the victim as a result of the repayment of the debt to the victim at the distance prior to the telecom as of January 22, 2019, as of January 22, 2019, and went back from the victim after facing the 1st century.

The victim exceeded the floor.

immediately after that, the defendant avoided the victim, going to go back to the flag of the above felture, and the victim went to drive away the defendant on the job.

Since then, the defendant has re-sured in the future, and the victim has come to the surgical frame.