beta
(영문) 서울동부지방법원 2014.09.03 2014고단2082

상해등

Text

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

[2] [200,000 won as a fine for the violation of the Punishment of Violences, etc. Act at the Seoul Eastern District Court on August 23, 1988; 700,000 won as a fine for the violation of the Punishment of Violences, etc. Act; 700,000 won in the same court on May 20, 197; 700,000 won as a fine for the violation of the Punishment of Violences, etc. Act; 700,000 won as a fine for the violation of the same court on May 18, 1998; 30,000 won as a fine for an injury to the same court on August 25, 2006; 70,000 won as a fine for an injury to the same court on December 11, 2009; and 1 million won as a fine for the violation of the same court on August 17, 2012.

【Criminal Facts】

1. 피고인은 2014. 7. 20. 03:00경 서울 성동구 C 지하 1층에 있는 피해자 D(62세), 피해자 E(여, 58세)가 운영하는 F노래방에서, 술에 취하여 피해자들에게 “도우미를 불러 1시간 놀게 해 달라”고 요청하였다가 피고인이 평소 주사가 심하다는 이유로 거절당하자 신고하겠다고 시비하며, 손으로 피해자 E의 멱살을 잡고 흔들고 주먹으로 위 피해자의 왼쪽 어깨부위를 주먹으로 때리고, 이에 피해자 D이 위 노래방 밖으로 피고인을 데리고 나가자 위 피해자와 시비하며 손으로 피해자의 왼쪽 뺨을 1회 때리고 발로 주저앉아 있던 피해자의 옆구리를 3~4회 찼다.

Accordingly, the defendant suffered injury to the victim D, which requires approximately four weeks of treatment, to the right 10 weeks of treatment.

2. Among the above criminal records, the Defendant was twice at the Fnono-ro room operated by the victim D (year 62) located underground in Seongdong-gu Seoul, Seongdong-gu, Seoul. Moreover, it was more likely that the Defendant was subject to non-prosecution disposition such as having no right to institute a public prosecution by agreement with the victim, and accordingly, the victim alerted the Defendant to find the Defendant in a singing room.

The Defendant on August 2, 2014.