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(영문) 제주지방법원 2017.10.20 2017고단2164

폭행치상

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2017, the Defendant: (a) at the “D” entertainment bar located in Seogpo City C on April 01:30, 2017; (b) at the Defendant’s first class E, the Defendant’s employee of the said principal class E, “snicking” to the victim F (V, 59 years of age), etc.; (c) at the time, G, the president of the said principal class, was snicking; and (d) at that time, G, the president of the said principal class.

In the indictment, the height of the phrase “the victim F, who is an employee,” and without any reason, written the written indictment as “snicking the victim, etc., who is fluent,” but according to the evidence, it is recognized that the Defendant E, who is a working person of the Defendant, told the victim to “snicking” (the 10th page, the 18-19th page of the evidence record). However, since this part does not materially affect the Defendant’s defense, the criminal facts are corrected ex officio.

During the dispute, the victim's knee kneel kneel was kneeled by hand, and the victim suffered a right sel knefel in need of approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A general medical certificate;

1. 112 Application of Acts and subordinate statutes to the 119 Report Processing List, and a copy of the 119 Emergency Medical Services Activity Site;

1. Relevant Article 262 of the Criminal Act, Articles 262 and 257 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the Defendant was punished seven times due to a violation of the Punishment of Violences, etc. Act, an injury crime, and an assault crime, etc. In particular, most of the above crimes occur in the main or restaurant, and inflicted an injury or assault on others, such as the main employee.

Nevertheless, the defendant has not been aware of the same type of crime and has committed another type of crime.

However, it is more severe than a fine that the victim expresses his/her intention not to be punished by agreement with the victim.