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(영문) 서울서부지방법원 2016.05.18 2016고단812
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 22:50 on February 6, 2016, was parked in front of Eunpyeong-gu Seoul Metropolitan Government around 22:2:50, and the Defendant, while the Defendant had a dispute with the husband of the victim C (the 69 years of age) due to parking problems, prevented the victim from doing so, whether the Defendant “picked,” and

The victim suffered injury, such as the pressure table No. 3, which requires approximately 12 weeks of medical treatment by being pushed down with the victim by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

1. The reason for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The mitigated area (two months to one year and six months) [the person who has been specially mitigated] the degree of injury (including efforts to recover damage]. However, although the degree of injury is serious compared to the degree of violence, there was serious injury compared to the degree of violence, and the fact that the injured person has made a strong effort to recover damage and received a letter from the injured person, the period of imprisonment shall be set as six months, and the execution of the sentence shall be suspended.

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