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(영문) 대전지방법원 홍성지원 2017.06.27 2017고단150
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 26, 2016, the Defendant assaulted the victim’s body by taking the victim’s body in front of the said restaurant in front of the said restaurant, by taking the victim’s son G (48 aged) who f while drinking alcohol together with E and E at the “D” restaurant located in Hongsung-gun, Chungcheongnam-gun, Hongsung-gun, on the ground that the victim f without permission, she takes the victim’s speech in front of the restaurant and took the victim’s body by hand and f.

2. In the case where the Defendant, on March 27, 2016, hereinafter referred to as “I”), was under drinking alcohol with E and the victim G in the waiting room at the 'I' atmosphere located in Hongsung-gun H around 03:00 on March 27, 2016, whether the victim “h was not so why you fit.”

“I see that E’s kives are met once, and I see whether I am “I ambling in four kives” to the victim.

"................ the victim was suffering from the beer disease, which is a dangerous object, once the part of the victim's head, and the victim was suffering from the number of days of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the prosecution against E;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to medical records;

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning criminal facts;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The punishment as set forth in the order shall be determined in consideration of the circumstances that the defendant inflicts an injury on the victim due to beer disease, which is a dangerous object, due to the reason for sentencing under Article 62(1) of the Criminal Act, in light of the fact that the defendant misleads himself/herself and reflects his/her mistake, the victim does not want the punishment against the defendant, and there is no domestic criminal record.

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