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(영문) 춘천지방법원 영월지원 2016.05.31 2016고단68
폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, at around 05:10 on January 3, 2016, around 05:10, c 'C', which is located in Thai City B, performed drinking together with the victim D (the victim, 52 years old), and victim E (the victim, 51 years old) who is an employee of the above main shop in the room. On the ground that the victim E went in the room without the victim's permission, the Defendant, who was living in the main room, was able to boom the victim E's part of the victim E at one time in the main room, and boomed the head debt by booming the victim E's bridge that she was living in the main room.

이에 1번 방에서 술을 마시던 손님인 피해자 F( 남, 47세) 이 밖으로 나와 피고인을 말리자, 피고인은 주먹으로 피해자 F의 얼굴을 3회 때리고, 발로 1회 걷어찼다.

Accordingly, the Defendant assaulted the victim D and the victim E, and inflicted an injury upon the victim F with an inception to which the treatment period cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to D, E, and F;

1. Reports on internal investigation (related to the verification of on-site CCTVs);

1. Application of Acts and subordinate statutes to the scene and photographs damaged by victims;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes of Bodily Injury [Determination of Type] General Bodily Injury, Type 1 (General Bodily mitigated Person] Minorly Injury (the scope of recommended punishment] from 2 months to 1 year (the area of mitigated punishment)

(b) Each crime of assault (determination of type), crime of assault, Type 1 (Recommendation of General Violence) (Scope of Punishment), imprisonment for two months to ten months (basic domains);

C. The scope of final sentence due to the aggravation of multiple offenses: imprisonment for two months.

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