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(영문) 의정부지방법원 2015.03.10 2014고단3421

폭행

Text

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

A The prosecution against A is dismissed.

Reasons

Punishment of the crime

Defendant

B around 08:45 on August 23, 2014, at the work site of “F” located in Namyang-si, Namyang-si, Inc., in relation to a work instruction, he/she was assaulted by the victim A (the age of 43) such as dumping the bomb, etc., and he/she was faced with a dangerous object that he/she was in his/her work site, and he/she was faced with the back of the original pipe (120cm: 120cm in length) one time to the head of the victim, but the victim prevented him/her from having his/her left floor, cut him/her, and re-ins his/her snow part (60cm in length) which is a dangerous object that he/she was in his/her work site, and opened the part of the victim’s eye one time with approximately three weeks of the victim’s eye.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutorial suspect interrogation protocol against the Defendants

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning damaged parts and field photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, and Article 257 (1) of the Criminal Act (the point of an injury by carrying a deadly weapon);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] [the scope of recommending punishment] There is no basic area (2-4 years) of Type 1 (2-year and 4) of the Act on the Aggravated Injury, Habitual Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Aggravated Bodi Bodi Bodi Bodily Injury, Aggravated Bodi Bodi Bodi Bodi Bodi Bodily Injury] [Determination of sentence] The criminal law of the accused is dangerous, and the victim’s degree of damage is not easy. The defendant did not make any effort for the recovery of damage as well as the payment of medical expenses and deposited KRW

Although there is no criminal history for the defendant, and the crime of this case is contingent, considering the above circumstances and the victim still suffers from physical and mental pain, it is inappropriate to sentence the suspension of execution to the defendant only by the above deposit facts.

However, it is true that the defendant repents and reflects his mistake.