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(영문) 서울중앙지방법원 2017.10.12 2017고단5806

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 04:04 on July 3, 2017, the Defendant detained the victim by forcing the victim to put the victim into singing together with another male and female, on the ground that the victim E (the 49-year-old) was in singing in the street near the “Ding room” located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and by forcing the victim to put the victim into singing together, despite the victim’s demand, the Defendant was unable to get the victim to get out of the car and divided the head part of the victim by driving approximately 1.3 KK on the street near the Gwanak-gu Seoul Special Metropolitan City.

2. Around 04:25 on the same day as Paragraph 1, the injured Defendant: (a) opened a steering house in the street near the above G, and escaped from the vehicle; (b) left the vehicle, followed by leaving the victim, brought the victim with the left part of the bones of the shock; and (c) brought the victim with a vegetable wall in the left part of the treatment days.

3. On July 24, 2017, the Defendant refused to comply with the demand of the victim to leave from the victim’s house located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City He, despite the demand of the victim to leave from the victim, at around 22:40 on the same day before the victim reported to the police.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. E-Written statements on July 24, 2017

1. A report on investigation (D CCTV investigation) and a report on investigation (the course of moving a suspect sponsor vehicle);

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 276(1) of the Criminal Act (the point of confinement), Article 257(1) of the Criminal Act (the point of injury), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusal to leave), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection was that the Defendant detained the dead victim and inflicted an injury upon him/her, and thereafter, the Defendant was in a possession of the dead victim.