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(영문) 서울남부지방법원 2015.05.15 2014고단4891

폭행등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

around 23:40 on December 9, 2014, the Defendant: (a) performed alcohol at E-cafeteria operated by the victim D (Inn, 54 years of age) located in Guro-gu Seoul Metropolitan Government; (b) performed the alcohol, and (c) took the victim’s sexual desire, such as “the same year as the opening, a pair of years”; and (d) the victim said that “the victim would be hume, A,” while the victim said that “the victim would be hume, A,” the beer on the table, who was flabed on the table, was frighted against the victim’s head, by dumping the victim’s head, in both hands and in both hands.

『2015고단584』 피고인은 2015. 2. 20. 18:55경 서울 구로구 F에 있는 ‘G호프’에서, 혼자 술을 마시고 있던 중 평소 안면이 있던 피해자 H(55세)가 일행과 함께 들어와 인사를 하자, 별다른 이유 없이 만취한 상태에서 피해자와 젓가락으로 사람의 귀가 뚫리는지를 궁금해 한다는 망상에 휩싸인 나머지 갑자기 테이블 위에 놓여있던 위험한 물건인 쇠 젓가락(길이 20cm 가량)을 들고 피해자의 뒤쪽으로 다가가 쇠 젓가락으로 왼쪽 귀를 찔러서 4cm 가량 찢어 치료기간 불상의 귓바퀴 부분 열창을 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

"2014 Highest 4891"

1. Statements consistent with the accused in the first trial records;

1. Statement of D police statement;

1. On-site reports;

1. Investigative report (Listening to statements by shots), "2015 Highest 584";

1. Defendant's legal statement;

1. Violence site withdrawal report, integrated case inquiry, and file of a case;

1. Application of the Acts and subordinate statutes of the injury photograph and treatment receipt;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to the crime, the choice of punishment, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a person

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 of the Criminal Act: