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(영문) 서울서부지방법원 2018.10.17 2018고단2106

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment with prison labor by the Seoul Western District Court on December 10, 2015, and completed the execution of the sentence on June 9, 2016 at the Seoul Western Detention House. On May 2, 2018, the Seoul Western District Court sentenced the Defendant to six months of imprisonment with prison labor for the obstruction of business operations, and the judgment became final and conclusive on August 3, 2018.

【Criminal fact-finding on April 12, 2018, the Defendant: (a) committed assault against D, etc. on the ground that D, which is the first day of the victim C (M, 74 tax) while having a cab in front of Seodaemun-gu Seoul, Seoul, was taking the cab first, and was fighting with D, etc.; (b) on the ground that the victim was able to take the cab first, the victim was able to do so; and (c) the victim was able to take the son’s hand against the victim; and (d) the victim was able to do so for approximately 14 weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness E, D and C;

1. Partial statement of the witness F;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of repeated crimes and the continuation of judgment at a separate appellate trial);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act: Provided, That Article 39(1) of the Act on the Handling of Concurrent Crimes is limited to the extent that the defendant was unilaterally assaulted by the victim and was defended against him/her, and there was no intention of injury;

However, according to the witness's statement, the defendant saw a trial cost first to the victim's daily behaviors, such as flabing the victim's daily behaviors and flab, and then flabing the victim, and eventually, flabing the victim. Since the defendant's act does not seem to be sufficient to defend one's unilateral assault, the defendant's claim is not accepted). The reason for sentencing is that the defendant flabs against the victim's daily behavior who is much older than himself/herself.