beta
(영문) 창원지방법원 2018.11.21 2018고단1656

상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On May 31, 2013, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Changwon District Court, and on May 13, 2014, the Defendant was sentenced to a violation of the Punishment of Violences, etc. Act (joint injury) at the Changwon District Court on May 13, 2014, and on December 31, 2014, the sentence of the said suspended sentence becomes void upon the final judgment, and on May 11, 2017, the execution of each of the said suspended sentence was completed.

피고인은 2017. 8. 29. 04:00 경 창원시 의 창구 B, 2 층에 있는 C 1번 방에서 술을 마시던 중, 여 종업원인 피해자 D( 여, 28세) 가 성매매를 거부한다는 이유로 화가 나, 욕을 하며 손바닥으로 피해자 D의 뺨을 20여 회 때리고, 주먹으로 얼굴 부위를 10여 회 때리고, 손으로 머리채를 잡아당겨 바닥에 내동댕이친 다음, 다시 머리채를 잡은 후 주먹으로 얼굴 부위를 수차례 때린 후 오른발로 아랫배 부위를 수회 걷어찼다.

The Defendant, on the ground that the Victim E (37 37) prevents and restrains the front of the Defendant, had the victim E’s face, head, and hot body taken place in several times, out of the main point, and the escape took place outside of the main point, and one fire extinguisher, which is a dangerous object kept in the room, led to the victim E’s face.

As a result, the Defendant inflicted injury on the victim D, such as spatha, which requires treatment for a period of 28 days, and inflicted injury on the victim E, such as cerebral spathy, requiring treatment for 14 days, and assaulted the victim E by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, copy of judgment, and the current status of personal expropriation;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;