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(영문) 서울동부지방법원 2012.11.09 2012고단2378

상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The defendant is a door-to-door delivery center and the victim B (ma, 68 years old) is a relationship between the defendant and the defendant's temporary storage of door-to-door apartment security guards in Seongdong-gu Seoul Metropolitan Government.

The Defendant, around 13:20 on August 18, 2012, entered to deliver a door-to-door to the above C apartment on August 18, 2012, the Defendant reported the Defendant and raised the Defendant’s impression.

써. 너 그딴 식으로 일하려면 일하지 마"라고 말하면서 다가오는 피해자의 얼굴을 주먹으로 1회 때리고, 배달 차에서 내려 주먹으로 피해자의 얼굴 부위를 수회 때리고 이에 피해자가 넘어지자 발로 피해자를 십수 회 걷어찼다.

As a result, the defendant suffered injury to the victim, such as the left-hand satisfaction of the victim in need of approximately 12 weeks medical treatment, the outside of the body and the charnel of the victim.

Summary of Evidence

1. Each legal statement of witness B and D;

1. Protocol concerning the examination of suspect B;

1. A medical certificate (B);

1. B photographic;

1. Application of CCTV Acts and subordinate statutes;

1. Although the crime of this case applicable to the crime of this case according to the relevant statutory provisions Article 257(1) of the Criminal Act and the sentencing guidelines for imprisonment with labor is contingent, the defendant has the same ability to punish the defendant, and according to the evidence revealed in the records, the defendant shows his attitude of denying the crime and failing to reflect at all even though the criminal facts of this case are clearly recognized. Rather, the attitude seems to have been shown that the victim was responsible for the crime of this case. In short, the elderly victim suffered serious injury as to whether the treatment is impossible or completely cured within the short period of time, and there is no agreement with the victim, and the circumstances after the crime are not good.

The sentencing guidelines for general injury of violent crimes fall under the aggravated area of category 1 (a serious injury as a special heavy reason) and the sentencing guidelines are six to two years, and the punishment should be determined in consideration of the above sentencing reasons.