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(영문) 서울북부지방법원 2014.01.23 2013고단1843

폭행치상

Text

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

except that 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 July 5, 2013, the Defendant: (a) around 08:17, at the entrance of the 1st floor of Nowon-gu, Seoul Special Metropolitan City, the victim D (79 years of age) who resides in the same Dogra (hereinafter referred to as the “Seoul Special Metropolitan City”) considered the victim as a garbage, and had the victim think of the plastic box that he had in the parking lot, and had the victim's complaint; and (b) requested the victim to return the plastic box, the victim requested the victim to return the plastic box to the Gu office. (c) The victim was able to return the plastic box after reporting it to the Gu office to store the garbage. (d) The victim was fluened by pushing the victim over the floor, and caused the victim to suffer a mincul in the right-hand eulbbbul which requires treatment for about 12 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of diagnosis certificates or closed-circuit systems statutes;

1. Relevant Article 262 of the Criminal Act, Articles 262 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Although the result of the suspended execution of punishment under Article 62(1) of the Criminal Act is serious, there is no criminal record of the same kind of crime and imprisonment without prison labor, the defendant's body is merely the degree of the victim's body with his/her hand and it cannot be deemed that the degree of violence cannot be severe, deposit 15 million won for the victim, and reflect it, etc., the punishment shall be determined as per the order; and