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(영문) 광주지방법원 2017.10.25 2017고단3029
폭행
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 15:45 on June 2, 2017, the Defendant committed violence, such as assaulting the victim C (31 tax) who is security personnel of the above hospital, on the ground that the nurse did not respond to the emergency room of the previous university hospital located in the Dong-gu, Gwangju, Gwangju, but did not control the victim himself, who was the security personnel of the above hospital (31 tax), on the ground that he did not control him.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. Application of Acts and subordinate statutes to photographs by cutting CCTV images and capturing major pages;

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

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

1. Article 62-2 (1) of the Criminal Act concerning the protection and observation and order to provide community service or attend lectures;

1. Reasons for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area of the first type of violent crimes (decision on the recommended area] (decision on the recommended area), the basic area [the scope of the recommended punishment] two months to ten months;

2. Determination of sentence: Determination of sentence: (a) in an emergency room at a hospital for 8 months (2 years of suspended sentence) of imprisonment with prison labor, the nature of the crime is not good; (b) the record of punishment for violent crime is about 20 times; (c) the strong violent tendency seems not to be set on its own even in light of the record of the crime and the circumstances of this case; (d) even though objective evidence of the crime, such as CCTV video recording, is clearly presented, it is not clear that the circumstances after the crime are not good, and the degree of the assault is considered as important circumstances; and (e) considering the age, character, environment, circumstances of the crime, circumstances of the crime, and circumstances after the crime, etc., all the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, and circumstances after the crime, the punishment is ordered as ordered.

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