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(영문) 서울서부지방법원 2018.05.17 2017고단3269

폭행치상

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 16, 2016, the Defendant, at around 14:00 on October 16, 2016, was the victim D (Min, 26 years of age) who was sick in the Defendant’s residence located in G, the Defendant would go back to E as the Defendant’s grandchild.

The defect caused the injury to the victim, such as the victim's et al., the victim's et al., and the above victim suffered about 2 weeks of medical treatment.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Part of the statement made by the police against D;

1. Evidence submitted by each victim - The diagnosis of injury related to the injury by violence, recording, and the victim photograph (the defendant and his defense counsel argued that the injury of the victim does not constitute "injury" as a crime of assault. However, the defendant's assertion by the defendant and defense counsel cannot be accepted in light of the following circumstances acknowledged by the evidence duly investigated and adopted by this court: (i) the defendant was at multiple times; (ii) the victim was issued a written diagnosis of injury at the hospital immediately following the victim's assault; and (ii) the above written diagnosis states that "the degree of injury by the victim is required to be preserved, such as the aftermathy accompanied by half-half, the aftermathy, the aftermathy, the aftermathy, the aftermathy, the aftermathy, the aftermathy, the aftermath, the aftermathy, and the after treatment."

IV Application of Acts and Subordinate Statutes

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant is the primary offender, the degree of injury to the victim due to the instant assault is relatively minor, and the defendant was committed at the time.