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(영문) 서울동부지방법원 2016.12.22 2016고단3694

상해

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 of the final judgment.

Reasons

Punishment of the crime

At around 00:00 on July 14, 2016, the Defendant saw that the victim B(34 years of age) was changed in front of the door of the new apartment house in Seongdong-gu Seoul, Seongdong-gu, Seoul, about 00, and returned to the victim's face by drinking.

Since then, in front of the above apartment house, the defendant, on the ground that the victim filed a report to the police again and the victim filed a report to the police, caused the victim's face to keep the victim away from the victim's cell phone and the victim's face, and caused the victim's injury to the victim, such as an unfashion that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. 사회봉사 및 수강명령 형법 제62조의2 양형의 이유 피고인은 피해자가 쳐다봤다는 이유로 피해자를 �아다니며 폭력을 행사하고, 112신고 이후 휴대폰을 강탈하여 도주하려 하였을 뿐 아니라 경찰이 출동할 때까지 피해자를 폭행하여 비골골절 등의 상해를 입게 하고도 현재까지 피해자와 합의하거나 피해 회복을 위한 진지한 노력도 찾아볼 수 없다.

In addition, the sentence identical to the order shall be determined in consideration of the criminal records of the defendant, the circumstances before and after the crime, the degree of damage caused by violence and the result thereof, etc.