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(영문) 서울중앙지방법원 2017.09.06 2017고단1472

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2017. 1. 1. 03:40 경 서울 강남구 C 노상에서, 피해자 D(26 세), E(26 세), F( 여, 27세) 의 일행인 G이 피고 인의 일행인 H를 향해 발로 차는 시늉을 하였다는 이유로 피해자들과 시비가 붙던 중 화가 나 피해자 D의 배를 발로 1회 차고, 이를 말리던 피해자 F의 배를 발로 1회 차 넘어뜨리고 피해자 F는 처음부터 일관되게 ‘ 피고인이 자신의 배를 발로 차서 넘어뜨렸다고

Inasmuch as only “the Defendant has made a statement,” in this court, stated that “the Defendant does not have any secret with his/her hand,” the part in the indictment “as is sealed in his/her hand,” was deleted. The victim E’s face was heard.

As a result, the Defendant assaulted the victim D, and caused the victim F to the victim E with the 3 week crypum of cryp, etc., and damaged the cryp of 3 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of suspects of D;

1. Statement made to I by the police;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes of photograph (Evidence 2);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) concerning the crime;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that three criminal records of the defendant are identical to the victim, and not agreed with the victims, but all contingent crimes are not contingent, and victims