상해등
A defendant shall be punished by imprisonment for one year.
Of the facts charged of this case, the prosecution against assault is dismissed.
[ 유죄 부분] 범 죄 사 실 피고인은 2016. 8. 7. 06:10 경 수원시 팔달구 효 원로 257에 있는 홈 플러스 동수 원점 앞 노상에서 피해자 G(28 세) 과 눈이 마주쳐 기분이 나쁘다는 이유로 피해자에게 “ 뭘 쳐다봐 ”라고 말하면서 주먹으로 피해자의 얼굴을 1회 때려 바닥에 넘어뜨리고, 넘어져 있는 피해자의 몸을 발로 수회 밟아 피해자에게 약 12 주간의 치료를 요하는 대뇌 타박상 등의 상해를 가하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the field photographs and the body photographs of the upper part thereof;
1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The sentence is ordered as ordered by taking into account the circumstances leading up to the Defendant’s crime, the Defendant’s use of force and the degree of injury (it appears that the victim’s recovery is unclear, and even if recovery is made, it appears that there remain considerable aftermaths to the extent that it would be difficult to live in a normal life), the circumstances after the commission of the crime (a deposit of 28 million won for the victim, but not receiving a letter of apology), the Defendant’s reflect attitude, and other sentencing conditions indicated in the records and arguments.
[Dismissal of Prosecution’s Prosecution’s Office] The Defendant, as indicated in the facts constituting a crime in the judgment, committed assaulting the victim H (25 years old) who observed assault to G on the ground that the victim H (25 years old) prevented the Defendant.
This part of the facts charged against each accused of the public prosecution is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260(3) of the Criminal Act. On October 24, 2016, a written agreement made between the accused and the victim was submitted, and the victim's intent was expressed that the above written agreement would not want the defendant's punishment. Thus, this part of the facts charged is in accordance with Article 327(6) of the Criminal Procedure Act.