beta
(영문) 서울북부지방법원 2017.01.20 2016고단5488

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On June 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor by the Seoul Northern District Court due to interference with business affairs, and on December 1, 2015, the prosecutor of the special intimidation in the same court stated that the indictment interfered with business affairs.

However, in light of the text of the Seoul Northern District Court 2015 High Order 3276 Decided 2015, which was submitted No. 13 of the evidence list No. 13, this is obvious that it is a clerical error in special intimidation, and thus ex officio

The prosecutor in April, who stated that the indictment is six months in prison, but according to the above decision, it is obvious that it is a clerical error in the four months of imprisonment, so the prosecutor shall correct it ex officio.

On April 13, 2016, upon the sentence of B, the execution of the final sentence was terminated in the Sungdong detention center.

[ 범죄사실] 피고인은 2016. 10. 29. 20:30 경 서울 성북구 오 패 산로 79 밤나무 골시장 인근 도로에서 피해자 C(58 세) 이 운행하는 택시에 승차 하여 가 던 중 피해 자가 행선지를 묻자 술에 취하여 “ 씹할 가자면 갈 것이지 뭘 물어봐” 라며 수 차례 욕설을 하고, 이에 피해 자가 같은 구 월계로 52 우리 은행 앞 도로에 택시를 정 차하고 밖으로 나와 피의자에게 하차할 것을 요구하자 피해자를 따라 나와 손과 발로 피해자의 복부를 수회 때리고 주먹으로 피해자의 눈 부위를 1회 때렸다.

As a result, the Defendant committed the blood transfusions before the 14-day medical treatment to the victim and the injury of each body in need of medical treatment.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate of injury, damage photograph (criminal history);

1. Written inquiry about criminal history, etc.;

1. On December 1, 2015, the investigation report (verification of the period of repeated crime of a suspect) submitted No. 12 No. 12 of the evidence list of the investigation report (verification of the period of repeated crime of a suspect) confirmed that “the Defendant was sentenced to six months of imprisonment with prison labor for interference with business by the Seoul Northern District Court on December 1, 2015 and completed the execution of the sentence at the Sungdong Detention House on April 13, 2016.

“........”