beta
(영문) 제주지방법원 2018.10.15 2018고단413

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 09:00 on February 5, 2018, the Defendant: (a) found the victim E (28 years old) working as the team leader at the D Center located in Seopopo City C, on the ground that the Defendant did not timely report to the Defendant on matters related to the off-duty hours of the victim E (28 years old) working as the team leader, the Defendant sustained the victim’s face at one time on the back-to-face of the victim; (b) taken the victim’s face at one time on the back-to-face of the victim; (c) taken the victim’s face at one time due to the victim’s resistance; and (d) took the victim’s seat at one time due to the victim’s growth, the Defendant sustained the victim’s injury, such as an internal wall, a wall-to-face, and a bridge, which require six-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs to the body of the victim);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the observation of protection and the reason for sentencing [the scope of recommendation] under Article 62-2 of the Social Service Order Act and there is no basic area (from April to one year and six months) [the person subject to special sentencing] [the decision of sentence] [the defendant and the victim are the person working at the D Center.

The Defendant, on the ground that the victim did not make a report related to the suspension of service of his/her employees on the ground that he/she did not properly report the victim's face to him/her, was at least twice, and the victim was able to walk the victim's face so that he/she gets up, thereby causing injury to the victim, such as the mouth of the wall, and the string of the string.

The above assault by the defendant was done in the middle of 9:0 p.m. working hours in the workplace with other employees.

The victim also seems to display a drinking in order to oppose the defendant's drinking after he assaults his head, but the defendant did not fit the victim's drinking, and the defendant is also guilty.