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Reasons
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(영문) 대구지방법원 경주지원 2017.10.26 2017고단397
폭행치상
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person hospitalized in the D Hospital located in C at the time of racing.

On May 14, 2017, the Defendant: (a) around 16:30, at the rest room of the sixth floor of the pertinent D Hospital; (b) on the ground that the victim E (53 tax) hospitalized in the above D Hospital was able to take a bath for the Defendant on the ground that he was able to take a bath for the Defendant; (c) on his hand, the Defendant she flicked the victim’s neck on his hand; and (d) went beyond the floor, caused the back head part of the victim to go against the floor.

As a result, the Defendant committed assault against the victim and caused the victim to suffer bodily injury, such as cerebral typosis, acute typosis, and typosis, which require treatment for about 84 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. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes in the place of filing a complaint, copies of medical records, certificates of investigation reports (in addition to medical certificates, etc. submitted by victims E-checks), diagnostic certificates/hospitalizes, certificates of hospitalization, certificates of discharge for entry and discharge (E and A), written opinions,

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. Article 62 (1) of the Criminal Act on the Suspension of Execution ( Various other extenuating circumstances, such as the fact that the defendant is pening his mistake in depth, the fact that the defendant deposited 3 million won for the victim, the fact that the defendant's health is not good, and the fact that the defendant has no record of punishment);

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