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(영문) 광주지방법원 2019.09.26 2019고단2264
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 16:00 on April 1, 2019, the Defendant expressed the victim’s desire and assaulted the victim by taking care of the victim D (year 45) on the ground that the victim was frightly ill in the course of receiving medical treatment from the victim, who is a doctor, at the C Hospital No. 5 and the clinic in Yeongdeungpo-gun B.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (on-site video-related) and investigation report (to attach and examine screen pictures to cellular phones submitted by the victim);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. An unfavorable circumstance, such as the crime of this case, committed multiple times including the criminal records of imprisonment for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act, and the crime of this case occurred contingently, and the crime of this case has not been serious enough degree of tangible force of the defendant, shall be determined as a whole by taking into account the criminal records of the defendant, the criminal records of the defendant as well as the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime.

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