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(영문) 서울중앙지방법원 2016.04.29 2016고단600
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2015, at around 21:00, the Defendant heard 'D' clothes located on the second floor of the Gangnam-gu Seoul apartment commercial building, Gangnam-gu, Seoul, about 21:0, the Defendant sought the victim E (at the age of 54) that the victim E (at the age of 54) was not able to have a good answer and sought the victim who was in the above clothes.

The defendant found the victim who was in the above 1st century and flaged the victim's head debt from the victim's will, flaging the victim's head debt from the victim's will, flag the victim's will, flag the victim's will, and flag the victim's side toward his will, and the victim's flag and chest part exceeded 180 days, and the victim suffered a flag of 8th chest with the need for treatment between 180 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (the telephone conversations of a harvested person);

1. Application of Acts and subordinate statutes of the injury diagnosis 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

Disadvantageous circumstances: The victim suffered a considerable physical and economic suffering due to the crime of this case, and the defendant's severe punishment is shot.

The favorable circumstances: The defendant did not have an unexpected result, but the defendant recognized the fact that the victim was injured due to his or her wrong behavior and reflects it in depth.

It is a contingent crime.

There is no particular criminal record except that sentenced to a fine of 200,000 won prior to the year of imprisonment.

As no agreement has been reached with the victim, the victim deposited KRW 40 million, and the additional compensation for damages has been made.

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