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(영문) 춘천지방법원 강릉지원 2017.04.28 2017고단137
상해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 12. 7. 19:30 경 강릉시 C에 있는 ‘D 게임 장 ’에서, 종업원인 피해자 E( 남, 46세 )으로부터 외상값을 갚으라는 말을 들었다는 이유로 이에 화가 나, 주먹으로 피해자의 얼굴을 수 회 때리고, 팔로 피해자의 목을 감아 넘어뜨린 후 발로 걷어찼다.

As above, Defendant 1 suffered bodily injury, such as a scarcity, etc., of the scarkes that need to be treated for approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Statement of the police statement related to G;

1. Each damaged photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) of the suspended sentence (the following reasons) is [the scope of recommendation] general injury (the degree of injury, minor agreement, one month to one year] of the special mitigation area (the decision of sentencing), the degree of injury, the agreement with the victim, the defendant's family environment (economic poverty) and support relationship, etc. shall be taken into consideration in favor of the victim, and the sentence shall be set within the scope of the recommended sentence according to the sentencing guidelines, and the execution of the sentence shall be suspended, taking into account the circumstances unfavorable to the defendant.

Rejection of Public Prosecution

1. Of the facts charged in the instant case, the Defendant, at around 19:30 on December 7, 2016, committed assault against “D Game Chapter” located in Gangseo-si, Gangnam-si, and was prevented from exercising violence against E from the victim F ( South, 27 years old), who is an employee, and subsequently, committed assault against the victim by taking advantage of knee, walking the victim’s hne, walking the victim’s hne, and taking part in the victim’s hne.

2. This is a crime falling under Article 260(1) of the Criminal Act, which is a crime of non-compliance with intent pursuant to Article 260(3) of the Criminal Act. According to the record, the injured party, after the prosecution of this case, is against the defendant on April 26, 201.

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