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(영문) 서울남부지방법원 2014.10.16 2014고단2484

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 21, 2014, at around 23:25, the Defendant: (a) set up a victim E (the age of 45) who was driving a Ortoba on the street in Guro-gu Seoul, Guro-gu, without any justifiable reason; (b) laid off the victim by hand; (c) laid down the victim’s face and urine, etc.; (d) turned the victim’s face into the victim’s hand by drinking and booming the victim’s face; and (e) fright the victim’s face by drinking, the Defendant inflicted an injury on the victim, such as the left-hand 1 and 2 breadthing down on the left-hand side in need of approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession of a criminal conduct and the misunderstanding is divided in depth, the punishment of a fine is limited to a fine, the crime is committed in a drunken state, and the victim has been making efforts to recover from damage, such as deposit for repayment of KRW 2,300,000 for the victim, etc.);

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;