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(영문) 의정부지방법원 2018.01.24 2017고단3180
폭행치상
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C(n, 72 years of age) and the dynamic neighboring relationship.

On June 3, 2017, in the street near the residence of the defendant located in Kangwon-gun D around 19:00 on June 3, 2017, whether the victim runs in the vain where she stolen female clothes.

In accordance with the above, "I am hicker, I am hicker," "I am hicker," "I am hicker, I am hicker, let I kn the body of the victim, let I kn the body of the victim, go beyond the victim in the same manner, again, I am the victim in the same manner, and caused the victim to suffer injury, such as the verte of the verte part in spine which requires approximately eight weeks of medical treatment."

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement in each police statement protocol against C and E;

1. Descriptions in a medical certificate, CCTV closure photographs, video CDs, and application of video Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of the legal applicable sentences] [the scope of the sentence under consideration favorable to the reasons for sentencing] (Article 62(1) of the Criminal Code of the Republic of Korea] [the scope of the sentence under Article 62(1) of the Act] 7 years or less of imprisonment [the determination of the type] / [the person who is subject to special sentencing] / The aggravated area of the injury [the scope of the recommended sentence]: from six months to three years of imprisonment [the person who is subject to general sentencing]. There is no history of criminal punishment; ② Deposit [the decision of the sentence] . The injury

However, taking account of the fact that the defendant made a confession of a crime, without the history of criminal punishment, and for the victim, the defendant deposited 6.5 million won (=1.3 million won on September 6, 2017, which was KRW 3 million on November 3, 2017, KRW 200,000 on November 3, 2018), etc., the defendant shall be sentenced to imprisonment and the execution thereof shall be suspended.

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