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(영문) 서울서부지방법원 2016.07.19 2016고단767

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 8, 2016, the Defendant: (a) around 19:40 on February 8, 2016, at the street of Yongsan-gu Seoul Metropolitan Government, the Defendant collected cigarette butts in the glass of F DoW vehicles owned by the victim E (27 years old); and (b) when the victim resisted the vehicle from the vehicle, the Defendant laid down the victim’s her body one time and pushed the victim’s body so as to inflict approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Investigation report (Investigation of black boxes installed in FMW vehicles);

1. A medical certificate of injury, etc.;

1. Application of the Acts and subordinate statutes governing vehicle boom photographs;

1. Relevant Article 257 of the Criminal Act and Article 257 of the Criminal Act (1) and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the observation of protection, the order to provide community service and attend lecture [the scope of recommendations] general injury [the grounds for sentencing under Article 62-2 of the Act on the Order to Provide community service and attend lecture] (2) minor injury [the person with special mitigation] [the (1) type 1 and 4] minor injury [the defendant has a majority of violent criminal records and committed this crime without self-regulation despite being sentenced to a fine for the crime, and there is no agreement with the victim.

However, the defendant is led to the confession of crime and is divided, and the degree of injury is relatively minor, and the defendant's age, sex, environment and other factors of sentencing shall be equally considered and the punishment shall be determined like the order.