beta
(영문) 서울동부지방법원 2014.10.16 2014고단2522

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 August 2, 2014, at around 06:30, the injured Defendant: (a) expressed the victim’s desire to the victim on the ground that the victim D(73 years of age) was fighting with E, a woman living together with the Defendant and the Defendant; and (b) took the victim’s left arms by hand before the above apartment 101 entrance; (c) took the victim’s chest part on a hand before the above apartment 101 entrance, the victim was faced with the head of the cargo car parked in that place; and (d) the victim was injured by approximately two weeks on the left-hand side, the parts and the right side left-hand part, etc. in need of treatment.

2. Around 07:50 on August 2, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed assault by the victim E (the 20 years of age) living together at the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government and 101 Dong 1502, on the ground that the Defendant does not listen to the Defendant’s horse, making the victim’s bucks once at one time, twice at the victim’s buckbucks place due to the mobile phone charging, twice at the victim’s buckbucks place due to the mobile phone charging, reducing the victim’s bucks of the victim by reducing the cell phone, harming the victim’s face, and intending to unfold the victim’s bucks so that the victim’s buck.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended by the sentencing guidelines (decision of type), violent crimes, assault (special assault).