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(영문) 대전지방법원 천안지원 2014.09.12 2014고단726

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

On January 12, 2014, at around 00:45, the Defendant: (a) reported that E and the victim C (the 23-year-old age) who is the driver of the Defendant in front of the toilets located in the Gangseo-gu Seoul Metropolitan Government D Building were under the influence of alcohol and did a dispute; and (b) caused the Defendant’s injury, such as the mouths around the part of the combination of the trokes that require approximately six weeks of treatment, by taking the face of the victim as a drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant makes a confession and reflects against him/her, and deposit some of the money for the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the damage for which an order for compensation may be issued is damage and consolation money for medical expenses incurred by the instant crime, and the scope of Defendant’s liability to compensate in accordance with such standards is not clear, separate from seeking damages through civil litigation, it is recognized that issuing an order for compensation in this case is unreasonable)