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(영문) 서울서부지방법원 2017.09.26 2017고단2073
폭행치상
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 04:00 on April 16, 2017, the Defendant was under drinking with the victim E (the 24 years of age) in a “D” club located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and was under drinking with the victim E (the 24 years of age). The Defendant was under assaulting the victim with his/her shoulder while driving the victim with his/her hand, and caused the victim to face his/her head while going beyond the floor. The Defendant suffered from the victim’s external cerebrovassis, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on occurrence (Assault) and a medical certificate;

1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act for the suspended sentence include: (a) the degree of injury inflicted as a result of the instant assault; (b) the misunderstanding of the accused; (c) the misunderstanding of the accused; (d) the victim and the victim have agreed smoothly; (d) the developments leading up to the commission of the crime; (e) the circumstances leading up to the commission of the crime; (e) the circumstances leading up to the commission of the crime; (e)

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