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(영문) 창원지방법원 거창지원 2017.05.19 2016고단222 (1)

특수폭행등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 4, 2016, at around 00:05, the Defendant, in the “C cafeteria” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul. Around 00:05, the Victim D(44) and the dispute occurred with the victim D, the victim was satisfying the victim’s head by taking advantage of the victim’s head, was satisfying the victim’s bat with his hand, and was satching the victim’s face by taking several times, resulting in the victim’s injury, such as 42 days of treatment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police for E;

1. A report on internal investigation (attaching photographs);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable to the defendant among the reasons for sentencing) / [the scope of recommendation] general injury (the scope of general injury) / [no person subject to special sentencing] / the range of sentence comparison between the applicable sentences and the recommended sentences: April - 1 year and 6 months (the decision of sentence]; the defendant did not agree with the victim; the degree of injury of the victim is not relatively less easily less easily; and the defendant committed the crime of this case even if he was subject to multiple criminal punishments or juvenile protective disposition for the same kind of crime before, the defendant committed the crime of this case.

On the other hand, the fact that the defendant recognized his own crime in the investigative agency, caused the victim to a certain extent in the occurrence of the case, and the defendant was assaulted by the victim first, is favorable to the defendant.

In each of the above circumstances, the sentencing conditions specified in the records and arguments, including the defendant's age, sex, occupation, and environment, and the background of the crime of this case, shall be determined as ordered by considering all the circumstances.