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(영문) 수원지방법원 안산지원 2016.06.10 2016고단705

상해

Text

A defendant shall be punished by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 27, 2016, the Defendant, at the house of the victim C (31) who is a member of the society located in Ansan-si, 02:50, and 303, carried out drinking together with the victim and carried out drinking, on the ground that the Defendant was about to drink drinking, and the Defendant was trying to go back to his house while driving in his body with the victim.

피고인은 그 무렵 나이가 한 살 어린 피해자가 욕설을 하면서 복도로 따라 나오며 피고인에게 주먹을 휘둘렀다는 이유로 격분하여, 양손으로 피해자의 양팔을 잡은 후 이마로 코 부위를 들이받고, 계속해서 주먹과 발로 피해자의 얼굴, 머리, 옆구리 등을 수회 때리거나 발로 찼다.

As a result, the Defendant inflicted injury on the victim, such as cutting a peltos that need to be treated for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The sentence shall be imposed on the defendant short-term considering the following: (a) the reason for sentencing under Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits of Dismissal of Application for Compensation (the scope of liability for compensation is not clear, and thus, it is not reasonable to issue an order for compensation in the criminal procedure of this case) [the scope of recommendation] general injury area (the scope of recommendation from April to January 6) of the basic area (the scope of general injury) of type 1 (the scope of recommendation] [the decision of sentence] is a second offense during the suspension period; (b) the degree of injury is heavy; (c) damage is not recovered even though it is serious; and (d) the same violence was committed for four previous years, and in particular, the defendant was sentenced to a fine of KRW 3 million and five million due to injury twice in 2014.