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(영문) 부산지방법원 2017.05.11 2016고단7494
폭행치상등
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

1. On October 16, 2016, the Defendant, who works as the head of the working team at the construction site of the assault, assaulted the victim D, the vice head of the building site of Ulsan-gun, Ulsan-si, Ulsan-si, on October 16, 2016, to unilaterally notify the victim D, the vice head of the rescue team at the site of “the closure of the site” and unilaterally notify the victim D, the vice head of the rescue team at the site of “the closure of the site” at the time, and assaulted the victim at one time at the victim’s knife at the end of the defect.

2. The Defendant injured the victim of the assault at the same place in around 10:40 on the same day, and during the process of agreement on the above assault, the victim saw the victim's face due to his/her scambling gate, which was in the victim's face, with the victim's scambling, and caused the victim to tear.

As such, the Defendant assaulted the victim, and inflicted an injury on the victim during approximately two weeks of injury to the victim, such as an open standing room for the victim, and an influence of an influence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement protocol of the police;

1. A written statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 262, 257 (1) (a) and 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. A crime falling under Article 62(1) of the Act on the Suspension of Execution for the Reasons for the Sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] 2 types of assault crime (in January to June) (in January to June), the area of special mitigation (in January to June) (in case of special mitigation) / 1 to June) / (in case of the victim’s considerable responsibility for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (including serious efforts for recovery of damage) or whose considerable damage has been restored, the second crime / [the scope of recommendation / [including one month to August] mitigation area (including serious efforts for recovery of damage) / [including a person subject to special mitigation] mitigation area of punishment (including a serious effort for recovery of damage) or considerable part of the crime.

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