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(영문) 인천지방법원 부천지원 2020.06.02 2020고단1377

상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 28, 2017, the Defendant issued a summary order of KRW 2 million due to the crime of injury, etc. at the Seoul Central District Court on the grounds that the Defendant inflicted an injury on the Victim B (Nam, 54 years of age), and that the victim filed a lawsuit against the Defendant at the Busan District Court Busan District Court Branch on December 19, 2019 against the Defendant, such as medical expenses of the instant case.

피고인은 2020. 2. 22. 16:45경 부천시 수도로 224 도당소공원에서, 위 소송에 대한 상의를 하기 위하여 지인을 기다리던 중, 우연히 그곳 벤치에 앉아 있는 피해자를 발견하고 피해자에게 다가가 말다툼을 하다가 피해자로부터 “너 임마, 아직 두 번 더 남았어.”라는 말을 듣자 화가 나, 오른손 주먹으로 피해자의 턱 부위를 1회 가격하고, 벤치 뒤로 넘어진 피해자를 일으켜 바닥에 눕힌 다음 주먹으로 얼굴 부위를 5회 가격하고, 발로 피해자의 목 뒷부분과 얼굴 부위를 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as the right side and the mouth of the lower wall in need of approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (verification of the progress of private-private partnership cases);

1. One copy of the search details in the Supreme Court B;

1. Application of the Acts and subordinate statutes to the victim's body photographs, injury diagnosis reports, each diagnosis letter, data from safying, and photograph to a visual saf;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury [special injury (special punishment for a person] and aggravated factors: serious injury (type 1 and 4): The motive (excluding types 4) to criticize (excluding the recommended sphere and the scope of recommendation] special aggravation area, six months to three years and September; and

2. Determination of sentence: Imprisonment with prison labor for a two-year defendant has been punished five times due to violent crimes, and the defendant has committed an injury against the victim.