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(영문) 서울동부지방법원 2016.05.26 2016고단906
폭행치상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 22, 2016, at around 19:34, the Defendant damaged the victim’s property by changing alcohol from the main point of “D’s operation” of the victim’s apartment building B located in Gwangjin-gu Seoul Special Metropolitan City, Seoul Metropolitan City apartment building building, which requires the victim to take off tobacco, and by receiving the victim’s check from the victim that the victim would not smoke tobacco while smoking, and by leaving the victim’s petroleum column in the said place to be pushed down, the victim’s property was damaged.

2. The Defendant sustained the injury by assaulting the victim’s chest with the victim C (34 years old) while engaging in a dispute with the victim C (34 years old) at a temporary place, such as Paragraph 1, and subsequently, the Defendant inflicted assault on the victim’s chest by hand, thereby having the victim go beyond the floor, thereby causing the victim to suffer on the part of the victim in need of treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Hearing statements from victims by telephone;

1. Investigation reports (on-site CCTV investigations);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1), 257 (1) and 366 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the total of the long-term punishments of the above two crimes is aggregated);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Crimes 1 (Assaults) in the sentencing guidelines / [Scope of recommending Punishment] in the basic area of crimes / [the scope of punishment / [the scope of punishment ] in the basic area of crimes / [the scope of punishment / [the person who has no special person subject to sentencing] in April - 10] in the basic area of crimes / [the scope of punishment ] in the basic area of crimes / [the scope of punishment / [the person who has no person subject to special sentencing] in the number of crimes : April - February 2:

2. The defendant's violation of the Punishment of Violences, etc. Act, 1997, that the defendant who has no damage to the decision of sentence was found to have recognized his mistake.

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