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(영문) 의정부지방법원 고양지원 2016.10.28 2016고단856
폭행치상
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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

The defendant and the victim C(the age of 65) are working in Gyeyang-gu D apartment 214 Dong guard room in Gyeyang-gu, Gyeyang-gu.

On March 15, 2016, around 06:15, 2016, the Defendant argued that the victim was responsible for cutting off the fingers on the glass in the previous separate collection work as of March 15, 2016, and that there was a dispute between the Defendant and the victim, and caused the victim to have knee knee, knee, knee, knee, knee, knee, knee, and knee, knee, knee, knee, knee, which had been in need of treatment for about 92 days on the left side.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing CCTV output photographs;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is serious and the victim did not reach an agreement, the corresponding punishment is required.

However, both parties seem to have caused the injury of the instant case by contingently taking into account the circumstances favorable to the Defendant, such as the fact that they deposited KRW 2 million for the victim, and that there has been no criminal punishment force for the recent 20 years, and the Defendant’s age, character, environment, occupation and experience, family relationship, motive and circumstance of the crime, details of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of the sentencing, such as the Defendant’s age

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