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(영문) 서울중앙지방법원 2015.04.14 2014고단5224

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On February 28, 2014, at around 08:00, the Defendant suffered from the victim E (the age of 58) who was in charge of the unclaimed day at the site of the remodeling project for the guest room of the 14th floor in Gangnam-gu Seoul, and the end-up cleaning after the unclaimed work. On February 28, 2014, the Defendant got the victim from the wall side of the guest room in an unclaimed room in a number of times, and caused the victim to suffer from the shoulder part of the victim by driving on the left part of the victim’s hand, and caused the victim to suffer from the wall side of the guest room in an unclaimed room, which requires approximately seven weeks of treatment.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The statements of witnesses E and F in the third protocol of the trial;

1. Partial statement of witness G in the fourth trial record;

1. Some prosecutor's protocol of interrogation of the defendant (including E statements)

1. Each police statement of the E, F, and G;

1. A medical certificate or an injury medical certificate;

1. Recording stenographic data [The credibility of the victim's statement is recognized if the content of the victim's statement in the investigative agency and this court is consistent, specific, and the conversation between the victim and the defendant that took place after the occurrence of this case also complies with the victim's above statement and the victim's statement, and if the victim's statements and diagnosis statements are delivered to the party at the construction site and other persons involved in the construction site

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that there is no basic area (4 months to one year and six months) (the special person) (the decision of sentencing] (the decision of sentencing] under Article 62(1) of the Criminal Act of the suspended sentence, and there are some circumstances that may be taken into account the motive and background leading to the instant crime, etc. favorable to the Defendant.

On the other hand, the part and degree of the victim's injury caused by the crime of this case are not easy, and the defendant has failed to reach a unanimous agreement with the victim until now.