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(영문) 인천지방법원 2015.04.09 2015고단451

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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 7. 13. 04:45경 인천 남동구 C 앞 노상에서 성명불상의 여성들에게 즉석만남을 하자고 접근하였으나 이미 그 여성들에게 먼저 접근한 피해자 D(36세)로부터 “병신 저리 꺼져”라는 욕설을 듣자 이에 화가 나 주먹으로 피해자의 얼굴을 1회 때리고, 발로 피해자의 옆구리를 찼다.

As a result, the Defendant abused the victim and inflicted injury on the victim, such as “alleys of the composite body of bad faith,” which requires approximately 42-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Photographs of the suspect's injury;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to D;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] general injury [Article 62-2]. The punishment as ordered shall be determined by taking into account the following factors: (a) serious injury (Article 1, 4) (Article 6-2) (Article 1) serious injury (Article 1, 6-2) (Article 4) and serious injury (Article 1, 4) (Article 1) (Article 1 of the Act; (b) the victim suffered significant injury; (c) the victim suffered considerable pain; (d) the victim deposited KRW 4,00,00 for the victim; (d) the victim has no criminal record and no record of the same kind of crime except for a fine imposed twice; (e) the Defendant's age, character and behavior, environment,