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(영문) 서울동부지방법원 2019.04.26 2019고단584

상해등

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

Criminal facts

1. On January 20, 2019, at around 03:30, the Defendant: (a) while drinking alcohol together with the victim D (nick, 51 years of age) at the “Cju shop” located under the 1st underground of Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul, the Defendant inflicted an injury on the victim, such as dump dump salt, tension, etc., which requires treatment for about 14 days on the part of the victim on the ground that the victim was under the age of the victim; (b) pushed the victim with his hand on the ground that he was under the age of the victim; and (c) carried the victim’s face and body head on the part of drinking.

2. While the Defendant was at the time and place set forth in the above Paragraph (1) of this Article, the victim was at the time and place, and the victim was at the time and at the time, the victim was at the time and place, thereby leaving the cell phone in order to report to the police in the amount of KRW 1,155,000, the market price of the victim’s possession.

Accordingly, the defendant damaged the victim's property.

3. The Defendant: (a) placed an empty beer of plastic material, which is a dangerous object that had been continuously located in the main place at the time and place specified in the foregoing paragraph (1); and (b) had the beer and beer’s disease and beer’s disease, which are dangerous objects on the tables, respectively, in his hand, and threatened the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs, data, and written diagnosis of injury related to damage;

1. Investigation report (related to the analysis of video recording on the fieldCCTV);

1. Application of Acts and subordinate statutes to capture photographs by cutting off on-site CCTV records;

1. Relevant provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.