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(영문) 창원지방법원 거창지원 2014.06.11 2014고단88
폭행
Text

Defendant

B A person shall be punished by imprisonment for a year and 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

Defendant

B around 18:00 on December 31, 2013, at 18:0, at one’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the reason that the victim A (the age of 39) was refused by requesting radio charging to the Defendant, the victim she worked from both arms to the Defendant, and set up against it, and “I am am saw, I am am am saw, I am am am am am.............................................” the victim am knicked the victim’s head twice, and caused the victim’s injury to the victim, such as brain, requiring medical treatment for about 21 days.

Summary of Evidence

1. Defendant B’s legal statement

1. A police statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to a criminal investigation report (related to the specification of the criminal criminal conduct and the photographic attachment thereof);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration given in favor of the victim, such as the fact that the inmate is voluntarily white, the fact that there is no criminal record of the same kind of suspended execution or more, the fact that there

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. The summary of the facts charged was around 18:00 on December 31, 2013, Defendant A used the radio to charge B at the end of the victim B (38 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun, and used the radio to charge B, but, on the ground that the victim did not charge it, Defendant A used both arms to catch the part of the victim’s hys, and assaulted the victim beyond the floor by using the following methods:

2. One-to-pock, this part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records of this case, the victim B, who was a victim of this case, is a defendant A on May 26, 2014 after the prosecution of this case.

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