(영문) 전주지방법원 정읍지원 2019.02.21 2018고단185

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(영문) 전주지방법원 정읍지원 2019.02.21 2018고단185

폭행치상

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 14:06 on March 24, 2018, the Defendant engaged in miscellaneous distribution business, and was in dispute with C(the age of 71) and rubber line payment in front of B in front of B in front of B in front of B in front of B in front of B in front of B in front of B in front of B in front of B in front of the Republic of Korea, and the victim was committing assaulting against the Defendant's chest, against him, thereby causing the victim to suffer from the injury of the fluor of the fluor that requires medical treatment for about 14 weeks, while the victim was tightly pushed the Defendant's chest against him.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the victim C;

1. A report on investigation (Submission of a medical certificate);

1. A medical certificate;

1. A criminal investigation report (CCTV images to be cut);

1. Sceness of the brue;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to report on investigation (the current status of medical treatment for victims and confirmation of agreement);

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

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs, is not minor since the defendant was harming the victim by destroying the victim beyond the upper floor, and the victim was hospitalized near 2 months due to the breath of the breath and was under rehabilitation treatment after being hospitalized near 2 months, and is still restricted in outdoor conduct, and has suffered injury to the extent that continuous medical treatment is needed.

However, while the crime of this case was brought about with the victim who had long been in a long-term transaction relationship with the victim, there is a reason to take into account the circumstances as to the situation where the victim was scamblingly, such as scambling the defendant in an aggressive manner, and the reason why the crime of this case was committed is as follows: (a) it is hard to say that the victim was scambling from the beginning; and (b) it seems that the victim was scambling; and (c) it seems that the victim was scam

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