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(영문) 의정부지방법원 2015.08.31 2015고단247
폭행등
Text

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

At around 22:20 on January 10, 2015, the Defendant: (a) laid the crosswalk on the front road of the Gyeonggi-do Government, which opened the crosswalk on the front road; and (b) opened the walk to the victim D (the age of 65) “Iz”; and (c) caused the victim to “dwarf” on the front of the road; and (d) caused the victim to go beyond the floor without any justifiable reason on the part of the victim with his left hand.

결국 피고인은 위와 같은 폭행으로 피해자에게 약 8주간의 치료를 요하는 좌측 무릎뼈의 골절상 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (14 pages of investigation records), a report on investigation (teleline investigation), a report on investigation (Submission of a victim's D diagnosis certificate and a report on change in the name of the crime);

1. A medical certificate;

1. Application of statutes on photographs of damage;

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. The defense counsel's assertion on the defense counsel under Article 62-2 of the Criminal Act regarding probation and order to attend the course of the crime of this case asserts that the defendant was in a state of mental disorder caused by Maternal fluor's disease at the time of the crime of this case. Thus, according to the evidence duly adopted and investigated by the court, the defendant is recognized as suffering from Maternal fluor prior to the crime of this case, but it does not seem that the defendant has a weak ability to discern things or make decisions.

Therefore, the defense counsel's above assertion is not accepted.

Although it is reasonable to strictly punish the defendant in light of the fact that the defendant's reason for sentencing is against the fact that the defendant recognized the fact of the crime and is against the fact that he/she is guilty of the crime in light of the fact that the crime in this case is serious crime, and that he/she did not agree with the victim.

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