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(영문) 수원지방법원 성남지원 2015.10.29 2014고단2688

상해

Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2014, around 19:00, the Defendant: (a) told the victim E to do so with F, the Defendant, at the front of the D main point in Hanam City, at the D main point in Hanam-si; (b) when the victim took twice the victim’s face and side gate by drinking f, flicking the Defendant’s flicking, and flicking the victim’s face and side flicking, and flicking the victim over the floor, the Defendant suffered injury, such as the removal of flick flick, etc.

Summary of Evidence

1. Each legal statement of the defendant and witness E;

2. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 262 and 260 of the Criminal Act, the choice of imprisonment for a crime

2. Article 62 (1) of the Criminal Act;

3. The degree of injury suffered by the victim for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is more serious, and the victim still wishes to punish the defendant is disadvantageous to the defendant.

However, the process leading to the instant case and the defendant also have been assaulted by many victims from their daily behaviors, deposited damages for the victim, and the defendant has no record of punishment beyond the fine prior to the instant case, etc. shall be determined by taking into consideration the favorable circumstances, such as the fact that the defendant had no record of punishment.

The summary of this part of the facts charged is that the victim abused the victim as stated in the facts charged in the judgment of the defendant, and the victim inflicted an injury as stated in the judgment by taking the bridge of the victim who was used on the land.

그런데 피고인이 쓰러져 있는 피해자의 다리를 밟았다는 점에 부합하는 증거로는 증인 G의 법정진술이 유일한 증거인데 위 진술은 피해자가 쓰러진 후 그 주변에는 H을 비롯한 피해자의 일행과 싸움을 구경하던 사람들이 여전히 모여 있었는데 피고인이 다시 와서 피해자의 다리를 밟는 것을 아무도 목격하지 못한 점, 피해자의 일행 H은 피해자가 쓰러지자 격분하여 피고인을 발로 찼고, 피해자를 부축하고...