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(영문) 수원지방법원 안산지원 2018.10.25 2018고합244
폭행치상
Text

A defendant shall be punished by imprisonment for one year.

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

Around 04:00 on April 27, 2018, the Defendant: (a) committed assault to the victim’s face at the time of drinking, on the ground that the victim C (24) was able to look at the Defendant while drinking alcohol together with the Defendant, D, etc. and attempted not to answer the Defendant’s horse at the main point located in Ansan-si, a member of Ansan-si, a member of the Republic of Korea, at the seat of the Defendant and D, and was able to do so; (b) assaulted the victim’s face at the time of drinking; and (c) caused the victim to face with head on the floor because the victim was faced with the victim’s hair due to the shock; and (d) was affected by an injury, such as blood transfusion, etc. due to any external wound, the treatment period of which cannot be known, thereby causing danger to life.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the photograph and diagnosis of the case

1. Articles 262, 260 (1), and 258 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. Scope of applicable sentences under law: Imprisonment with labor for one year to ten years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the types of violence and injury [the person who has committed violence] Class 2 (Special Aggravation of Sentencing): the mitigated element of self-denunciation: serious injury (the person who is subject to general sentencing] mitigated element of injury: The serious reflective or criminal punishment (the scope of the recommended punishment] shall be six months to three years, and the area of aggravation.

3. In this case, the Defendant suffered injury on the head side of the case by destroying the victim’s mind, and considering the fact that the victim’s consciousness was recovered at present, but was hospitalized in a middle-patient room in a state where it is impossible to communicate with the victim two times, and that the victim and his family members are likely to suffer emotional distress and economic damage for a considerable period of time due to the instant crime, the Defendant’s responsibility is not weak.

However, the defendant voluntarily led to the crime of this case.

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