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(영문) 창원지방법원 통영지원 2018.01.10 2017고단1526
폭행치상
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 26, 2016, at the D convenience point where the Defendant was under the influence of the Defendant, at the victim C (Woo, 57 years of age) located in Gyeongsung-gun, Chungcheongnam-gun, Chungcheongnam-do around 03:30 on December 26, 2016, on the ground that the Defendant took a bath to the Defendant as well as the victim who was under the influence of alcohol, the Defendant said the Defendant “a person like the earth as the earth,” and said the Defendant first went out of the convenience point, and whether the Defendant did not go out of the convenience point.

“The victim’s back is less than the back of the victim, and the victim was exposed to the injury of the victim, which requires approximately six weeks of treatment, by making the victim be exposed to the victim during the process of leading the victim and leading the victim.

Accordingly, the Defendant inflicted an injury upon the victim by assaulting him.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A report on investigation (in accordance with attachment of field photographs);

1. An investigation report (in accordance with the attachment of a list to handle cases reported 112);

1. Report on investigation;

1. A criminal investigation report (related to dispatch to the scene);

1. Investigation report (referring to hearing of statements by a witness E phone);

1. A report on investigation (in accordance with attachment of field photographs);

1. A copy of a medical certificate or medical record;

1. Application of the Acts and subordinate statutes on the part of the victim margin;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] and the basic area (from April to two years) of the crime of assault (no person in special sentencing).

3. Article 51 of the Criminal Act, such as the fact that the Defendant committed the instant crime while making a trial expense with a female victim who has more age than the Defendant, the fact that there is no agreement with the victim, the injury of the victim is relatively heavy, and the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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