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(영문) 서울서부지방법원 2018.02.21 2017고단3970
폭행치상
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 31, 2017, around 03:05, the Defendant demanded the victim C (Woo and age 49) to pay money in front of Mapo-gu Seoul, Seoul, to the effect that he would be able to pay money, and the Defendant was able to look at the victim’s face by drinking 2 times with the victim’s chest and her bridge. The victim tried not to go beyond the floor in the process of going beyond the floor and laid down the left part of the floor on the floor.

As a result, the Defendant abused the victim, thereby resulting in the injury to the victim for about eight weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. 112 Report specifications and application of Acts and subordinate statutes;

1. Relevant Article 262 of the Criminal Act, Articles 262 and 257 (1) of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that there is no doubt about violent inclinations against the defendant, and that the degree of injury suffered by the victim is disadvantageous.

However, there are circumstances to consider the motive for crime, the waiver of the claim against the victim and the payment of additional money, and the fact that the defendant's direct assault was generated in the course of the crime, etc. shall be determined in accordance with the order, taking into consideration the favorable circumstances.

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