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집행유예
(영문) 서울중앙지방법원 2016.1.14.선고 2015고단6839 판결

상해

Cases

2015 Highest 6839 Bodiis

Defendant

A person shall be appointed.

Prosecutor

Maximum number of indictments (prosecutions) and Mazyon (Trial)

Imposition of Judgment

January 14, 2016

Text

A defendant shall be punished by imprisonment for not more than four months.

except that the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 80 hours.

Reasons

Criminal Facts 1)

Defendant: around 40, on September 21, 2015: around 40, the Defendant was a security guard before Gangnam-gu Seoul Metropolitan Government B and E security room, and the Defendant was a security guard.

Bah C (year 27) If a person was lost on a wall while parking a vehicle in an underground parking lot, it shall be confirmed as CCTV.

the Corporation requested the Corporation.

A person who hears from a victim who confirmed CCTV that it is difficult to ascertain it as he is;

The victim's "whether it is not responsible for widths" or "to the right hand hand hand by farbing the city expenses"

The victim's bucks and chums shall be three times, the left hand hand, etc., and the right hand-hand hand shall be two times.

The left-hand clock has been three times respectively.

Defendant continued to “A person responsible for management, who is a general supervisor,” and “a person responsible for management, who is a general supervisor.”

(D) The number of copies followed by the above victim, who is the same security guard, by telephone, shall be three times the floor of the damage.

Sari, the victim's telephone sari, and the victim D "Nek, sari, sari, sari and kb."

The sound changed the D to the above security room.

The defendant was lost from the victim D (the age of 30) who had been in the above guard room.

Along with the explanation that CCTV is a blind spot for which no CCTV is confirmed, the victim’s “Iskh” is the victim.

The head of the Dong, the head of the Dong, the head of the Dong, and the head of the Gu, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, the head of

The fingers, the fingers, the fingers, and the fingers were collected in the face, and the face was taken in hand.

As above, the Defendant: (a) sought victims; and (b) need to receive approximately three weeks’ medical treatment from the victims C.

Injury to the right bed, such as catum catum, which requires approximately two weeks of treatment to victims D.

Each of them was set.

Summary of Evidence

1. The defendant's partial statement in court;

1. C Each police statement of C and D;

1. A written diagnosis for each injury;

[Evidence List No. 5 Injury Examination Report: The part and width of the defendant who used violence against the victim D at the time

The frequency and degree of the commission, and the process of issuing the written diagnosis of the injury (the above victim on the day of the crime of this case)

(1) A person who visits a hospital in the vicinity of his/her residence and received the written diagnosis of the above injury), the name of the sick, etc.

In full view of the various circumstances revealed in this Court, the examples of the above diagnosis, such as the defendant's assertion;

It does not seem that the three weeks' "three weeks" was calculated unfairly.

1. A report on investigation (the sequence 6 of evidence lists);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 257 (1) of the Criminal Code, each choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation in Sentencing]

m. Class 1 and 2 crimes (each injury)

- General Injury> Type 1 (General Injury) Basic Area ( from April to June 1)

/ The scope of final sentence due to the aggravation of multiple crimes: April to February.

【Determination of Sentence】

The age, character and conduct, family relationship, family environment, motive and number of crimes in the following circumstances:

except that the sentencing conditions shown in the trial process of this case, such as the circumstances after the crime, shall be taken into account;

The punishment as ordered shall be determined within the scope of the text.

c. Unfavorable circumstances: The instant crime is a social trust doctor’s identity, i.e., the circumstances;

The defendant unilaterally assaulted the victims who are his apartment security guards for a considerable time.

As such, the nature and circumstances of the crime are not provided for in the Act, and there is no agreement between the victims so far.

did not go straight.

The favorable circumstances: The injury of the victims and the degree of injury are not the most significant letter. The late is late.

for victims (victim C 2 million won, victim D 1.5 million won) deposited a certain amount of money

(c) there shall be no criminal records of the same kind;

Judges

Judge Kang Sung-hoon

Note tin

1) It is based on evidence duly adopted and examined by this court to the extent that it does not interfere with the defendant's exercise of right to defense.

In fact, ex officio correction was made.

2) The Defendant: (a) even if the Defendant paid more service charges to the foreign security service company, and had been in charge of the security service, the victims who are security guards employed by the Defendant are in charge of the foreign security service.

In addition, it has been neglected to perform its duties, and at the time of this case, the resident who is the resident of this case to confirm CCTVs without due cause.

The response is one of the motives leading up to the instant crime. However, even if the Defendant’s assertion is all true, it is called the fact that the Defendant’s assertion was all.

Do, such as when a person who is in the present and present status of a doctor uses abusive language to his apartment security guards and has his/her face sealed while drunk, etc.

The act of unilateral use of violence can not be seen as lowering the possibility of criticism. On the other hand, locking that the defendant lost is ultimately a loss.

The defendant's vehicle was discovered in the defendant's vehicle.