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(영문) 서울동부지방법원 2018.07.26 2018고단345

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2018, at around 00:55, the Defendant: (a) requested the victim B (34) who was a driver of the taxi, who was on board the taxi in the vicinity of Seongdong-gu, Seongdong-gu, Seoul, to leave the taxi at the destination; (b) did not comply with the demand; and (c) expressed the victim under the influence of alcohol without any justifiable reason; and (d) the victim was required to report 112.

Then, while the defendant was waiting for police by getting off the taxi along with the victim, he saw three times the left face of the victim on the ground that the victim reported the police, and took three times the left side of the victim on one occasion.

As a result, the defendant got the victim a bad-hand sacrife in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of the relevant video CD-related statute;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 62-2 of the Medical Care and Custody Act, even before the instant case, the Defendant committed the instant crime at once, taking into account all the circumstances revealed in the record and the changes of the instant case, including the fact that the Defendant led to the instant crime, led to the confession and reflect of the instant crime, the Defendant’s health is not good, and the proof of the existence of alcohol is deemed to require management and treatment.