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(영문) 서울북부지방법원 2019.07.18 2019고단317

상해

Text

Defendant

A shall be punished by imprisonment for four months.

However, with respect to Defendant A, the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

[Defendant A’s criminal facts, around November 3, 2018, the Defendant heard from the victim B (the 73 years of age) the phrase “I drink drink only in fakes, dyp, and dyped once every time.” On the part of the victim B (the 73 years of age) and had a dispute with the victim, he saw the victim’s balthing and salping the balthing, and salping the victim’s bridge into the floor and salping the victim’s balping, she dyping the victim’s balping, and dyping the victim’s hand so that the victim’s hand can be accumulated so that the victim’s hand can not be able to be treated for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. Investigation report (to hear statements E);

1. Photographs (phographs, shootings, photographs, and blographs);

1. Application of Acts and subordinate statutes of one medical certificate;

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

1. Although the degree of injury of a victim on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is not weak, it appears to be an contingent crime committed with the victim's horse, dispute, etc., the victim does not want the punishment of the defendant because the victim agreed smoothly with the victim, the defendant does not want the punishment of the defendant, there is no record of punishment in addition to a fine for a long time, elderly living conditions are not good, and all kinds of conditions of sentencing such as the motive and circumstance of the crime and the circumstances after the crime are taken into account.

Public prosecution dismissed (Defendant B)

1. The Defendant, at the time and place stated in the facts constituting an offense, abused the victim A (the age of 72) with flabing the bat of the victim, and assaulted the victim to walk his bridge on several occasions.

2. Determination

(a) Crimes of non-compliance with an intention (Article 260 (3) of the Criminal Act);

B. The victim was not subject to punishment after the prosecution of this case

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);