beta
(영문) 수원지방법원 안산지원 2013.12.24 2012고단2409 (1)

상해등

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

1. On June 13, 2012, around 00:15, the Defendant inflicted injury on the victim G (74 years of age) who was a taxi driver and the Plaintiff, who had a dispute over the taxi rate at around 610 G, a taxi driver, on June 13, 2012. On the other hand, the Defendant suffered injury, such as a car of the baby, which requires approximately three weeks of medical treatment on the part of the victim for drinking.

2. The Defendant damaged property at the above time and place, as mentioned above, the victim was at the time and time, and then the victim was flicked, thereby damaging the victim’s Hsi Ethypt so that the amount of KRW 155,500 on repair cost would be 15,50.

Summary of Evidence

1. Legal statement of witness G;

1. A witness I and part of the J each legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning G;

1. A written G (Evidence of 33 pages);

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and photographs;

1. Relevant Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of injury, the choice of imprisonment), the choice of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel asserts that the defendant did not assault the victim's face or destroy the part of the victim's vehicle.

살피건대, 위에서 거시한 증거들을 종합하여 보면, 피해자는 수사기관 및 이 사건 법정에서 피고인이 피해자의 턱을 휴대폰을 쥔 손으로 가격하였다고 진술하고 있는 점, 이 사건 당시 출동한 경찰관이 촬영한 사진에 의하면, 피해자의 턱에 상처가 있고, 출혈이 발생한 점, 피고인은 검찰 조사 당시 피해자의 차량의 본네트에 기대어 앉아 있다가 피고인과 몸싸움이 있었고 가슴 부위를 팔로 밀친 것 같다고 진술하고 있는 점, 피고인의...