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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1144

상해등

Text

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

Reasons

Punishment of the crime

피고인은 2018. 2. 8. 00:00 경 아산시 B에 있는. C 주점 남자 화장실 안에서 피해자 D( 남, 21세) 가 세면대에 소변을 눴다는 이유로 말다툼을 하던 중 피해자 일행인 E( 남, 23세) 이 이를 말리자 이에 화가 나, 피해자 D에게 화장실 밖에 나가 있으라고 말한 후 피해자 E의 얼굴을 주먹으로 5-6 회 가량 때리고, 바닥에 쓰러진 피해자의 머리를 발로 수회 때린 다음 화장실 밖으로 나가면서 문 밖에 서 있던 피해자 D의 왼쪽 뺨을 손바닥으로 1회 때렸다.

As a result, the Defendant inflicted bodily injury on the victim E, such as internal and floor cutting the body, which requires treatment for about 42 days, and assaulted the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, D, and F;

1. A medical certificate of injury (33 pages of investigation records);

1. Application of on-site photographs and Acts and subordinate statutes governing E-damage photographs;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include the confession and rebuttal of each of the crimes of this case; the victims also have an aspect of inducing the crimes of this case, such as not being able to properly kill even though one of the victims showed his defenses against the head of the head office toilet in the decision that the defendant was operated by his mother; there is no record of criminal punishment against the defendant; on the other hand, there is no record of criminal punishment against the defendant; on the other hand, in light of the type of the act of the injury of this case; the injury of this case; the injury did not be recovered or agreed; and other circumstances revealed in the records of this case and the theory of the change thereof, the punishment shall be determined as per the Disposition.