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(영문) 부산지방법원 동부지원 2017.11.30 2017고단1995
폭행등
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. 폭행 피고인은 2017. 4. 24. 02:16 경 부산 수영구 B에 있는 C 병원 응급실 입구 야간 원무과 앞에서 피해자 D(26 세) 이 피고인의 소란행위를 제지하자 갑자기 우측 손으로 피해자의 가슴팍을 밀치는 등 폭행하였다.

2. The Defendant’s insultd the victim at the time, time, and place under the preceding paragraph, and led the victim to the victim in the presence of the victim, who was in C Hospital staff E, Security Team staff F, and guardian waiting room; but, at the same time and place, she properly fell out of the victim’s work;

Doing one time, the security team will be able to lead to the occupation of the security team.

The term “patently insulting” was publicly insulting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the investigation report (the counter investigation of shot E), investigation report (the attachment of CCTV images in the emergency room of the C hospital), investigation report (the attachment of cellphone images) (the attachment of cellphone images) and statutes;

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult) and the selection of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed in the emergency room of a hospital by exercising violence against a person who is subject to the disturbance and restrains it, and is disadvantageous to the nature of the crime, the defendant was bad, the defendant was unable to agree with the victim, and the defendant did not endeavor to pay damages, and the defendant has been subject to punishment two times of suspended sentence due to violent crimes.

However, it is favorable for the defendant to recognize the facts charged and reflect it.

In addition, the trial process of this case, such as the defendant's age, sex, environment, means and result of the crime, and circumstances after the crime, etc.

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