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(영문) 부산지방법원 2016.11.02 2016고단2972

폭행치상

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 23:00 on May 10, 2016, the Defendant was required to pay the drinking value from the victim E (54 years of age and inn) on the front of the D cafeteria located in the Geum-gu Busan Metropolitan City, and the Defendant was assaulted by cutting the body of the said victim and cutting it over the floor by cutting it over the floor, thereby causing the victim to suffer multiple scambling, etc. requiring a medical treatment for about 8 weeks.

Accordingly, the defendant committed violence against the victim, thereby causing injury to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Police suspect interrogation protocol regarding E;

1. In the investigation report, the victim photograph, and the written diagnosis of injury (the defendant only laid his body in order to remove the victim who was under the defendant's clothes, and the victim lost his center, and the victim is not guilty of an intentional act of assault, or even if it is not so, it constitutes self-defense. However, in full view of the evidence held by the witness E (victim) and F's statement, the victim was only a lare for the purpose of receiving the drinking value from the defendant, and the defendant was able to recognize the fact that the victim was pushed off with his hand, and in light of this, the defendant could sufficiently recognize the defendant's intention of assault, and such act does not constitute self-defense. Accordingly, the defendant's assertion should not be accepted).

1. Articles 262, 260 (1), and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for the sentencing of the sentence chosen to impose a sentence of imprisonment [the scope of recommendation] is that there is no person who does not have the basic area (4-2 years) (4-2 years) of the second category of the crime of assault [the decision of sentence] [the defendant] The defendant again commits the crime of this case even though he had a number of times of convictions, and the defendant did not make any effort to recover damage even if he was pushedly injured by the victim.