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(영문) 대구지방법원 2017.11.02 2016고단3901

폭행치상등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On August 6, 2016, the Defendant injured the victim’s bodily injury, on the ground that the victim B (12 years of age) was exposed to 30-lane 9, Nam-gu, Daegu, Daegu, about 19:10 on the ground that the victim’s hair B (12 years of age) was satisfyed, and attempted to have the victim satisfy one time at the victim’s head at the victim’s head, and caused the victim to suffer from the satisfying of the satisfy in the sperm, thereby causing about three weeks of face injury to the victim and satisfy, etc.

2. The Defendant assaulted, at the above time and place, the victim C(12)’s head by hand on one occasion for the foregoing reasons.

Summary of Evidence

1. Each police statement protocol against B and C;

1. A criminal investigation report (to attach CCTV images containing a suspect's assault paper and images to a caps);

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning photographs and field photographs of the body of the victim;

1. Relevant Articles 262, 260(1) (the point of causing violence) of the Criminal Act, Article 260(1) (the point of violence) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. In light of the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The defendant committed the instant crime even if he/she had several times of his/her previous convictions, and at the same time, he/she prevents the instant crime. The result of the assault committed against the victims who are female students at the age, and resulting in the result of the bodily injury, and the degree of the crime is relatively insignificant. Nevertheless, the degree of the assault committed by the defendant is relatively minor. The result of the injury is that the victim’s occurrence of the crime committed by the victim B, which is about to escape. There is no history of punishment exceeding the fine imposed on the defendant. Taking into account all the circumstances, such as the defendant’s age, occupation, sex and environment, motive, background, means and consequence of the crime, and the circumstances after the crime, etc.