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(영문) 수원지방법원 여주지원 2016.01.22 2015고단1016
폭행치상
Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 16, 2014, at around 20:50, the Defendant drinking alcohol together with the victim F (44 years) and G, H, etc., the Defendant, who is the Defendant’s friendship in Ison-si D, on November 16, 2014. However, on the ground that the victim was involved in the examination against I who was in close friendly with the Defendant, the Defendant saw the victim’s face of the victim who was seated next to the Defendant one time with the right hand, etc., and slick the victim into the floor.

As a result, the defendant abused the victim and suffered injury, such as the upper half of the 10 week medical treatment, the upper half of the half of the 10 week medical treatment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with respect to F;

1. Each police statement to J or K;

1. A place where emergency medical services are to be performed;

1. Medical records, etc.;

1. Voluntary accompanying report (a copy);

1. On-site photographs, photographs of the victim at the time of the incident, and photographs of the scene at the time of the incident;

1. Application of Acts and subordinate statutes to report internal investigation (a table of receipt of reports regarding A violent incidents) and to request cooperation in investigation (medical records, etc.);

1. Relevant provisions of the Criminal Act concerning the crime, Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the choice of punishment (a crime causing violence or injury) and the choice of imprisonment with prison labor;

1. It is so decided as per Disposition by taking into account the following circumstances: (a) under Article 62(1) of the Criminal Act of the suspended sentence, the degree of injury to the victim for the reason of sentencing is not easy; (b) the defendant has been punished several times for the same kind of crime in the past; (c) the defendant has the record of being punished several times; and (d) the favorable circumstances, such as the defendant’s age, family environment, relationship with the victim, motive, means and consequence of the crime; and (d) other favorable conditions of punishment as shown in the argument of the instant case, such as the victim’s age, family environment, relationship with the victim; and (e) the victim’s motive, means and consequence of the crime.

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