(영문) 대구지방법원 경주지원 2015.07.10 2014고합67

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(영문) 대구지방법원 경주지원 2015.07.10 2014고합67

폭행치사

Text

A defendant shall be punished by imprisonment for six 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

At around 00:00 on December 30, 2013, the Defendant, at the D’s house, known to the usual apartment 1007 of the C Apartment, performed the alcohol together with the victim E (the age of 61) on the ground that the Defendant, while drinking a stop while having a stop while drinking it with the victim E (the age of 61), took a stop, talked with the victim, and talked with each other.

Therefore, the defendant was neglected from the victim, and around 00:10 on the same day, he was waiting at the 1st floor of the above apartment building, and the victim was waiting from the elevator with the hand hand, when he was 1 to twice the victim's face. Then, the defendant moved out of the entrance and again sprinked back the bat.

The charged facts of this case indicate that “the victim’s face and distribution, etc. was made once again by moving away from the site and sprinking bats.”

However, according to the evidence duly adopted and examined by this court, the defendant only took the victim's face face 1 to 2 times and did not assault other parts. Thus, the defendant should revise the above facts of the crime without changing the indictment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement by the prosecution concerning D;

1. Application of the report on internal investigation (the fighting between a stude and a witness) and ten copies of CCTV-cap photographs, the report on internal investigation (the stude in which a witness unfolds the string of the strings from the apartment parking lot to the strings), and the application of six copies of CCTV-cap photographs;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences by law: Imprisonment for not more than two years;

2. The scope of recommendations on the sentencing criteria (the scope of recommendations) shall be the basic area (two months to October) of the crimes of assault; and

3. Determination of sentence:

참조조문

-형법 제62조 제1항

-형법 제260조 제1항

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