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(영문) 의정부지방법원 2015.10.23 2015고단1769
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

On February 15, 2015, at the D factory dormitory located in Yangju-si, the Defendant, around 21:00, committed an assault against the victim E (the 61-year old) who was working partner and drinking alcohol, and the Defendant, who was drinking, committed an assault upon the victim’s face by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. The police statement concerning G;

1. Police investigation report (Attachment, etc. of Suspect photographs);

1. Application of a written request for appraisal and on-site photographing statutes;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act / [Scope of Recommendation] Crimes of Type 1 (General Violence: From February to October) (Special / Specific / Specific / Specific / Specific / Specific / Specific / Specific / Specific / Specific / Specific / Standard 4 months to be sentenced] and 1 year to be sentenced to death of a victim, even though the defendant did not bring about death of a victim, it is difficult to readily conclude that the defendant did not act as inducing the result of the death of the victim, even if he was exempted from criminal liability due to the lack of predictability of the victim's death, it is difficult to conclude that the defendant did not act as inducing the result of the victim's assault to cause the death of the victim, records of the same type of bodily injury, and agreement between the bereaved family members of the victim and the victim. Normal circumstances favorable to him: The defendant's abuse to his mistake, and the victim's continuous occurrence of damage or continuous expansion of expenses for the victim's damage by failing to cause the victim's death;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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