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(영문) 수원지방법원 2017.02.08 2016고단6212

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a branch officer of the “D” in C when it is slified, and the victim E is a head of the work team of the above D, and the Defendant and the victim did not have any contact with the other party.

피고인은 2016. 6. 25. 10:30 경 위 D 공장에서 외국인 근로자들에게 부품 식별표시 스티커를 붙이는 작업을 시키고 있던 중, 이를 본 피해 자로부터 “ 외국인들에게 그 작업을 시키지 말고 생산라인에 들어가서 작업을 하게 해 라” 라는 말을 듣자, 피해자에게 욕설을 하며 “ 그러면 니가 스티커를 붙여 라 ”라고 항의하고, 이에 피해자가 주먹으로 피고인의 얼굴을 1회 때리자 화가 나, 주먹으로 피해자의 얼굴을 2회 때리고, 발로 피해자의 옆구리를 1회 걷어찼다.

On the other hand, the defendant continued to take the face of the victim from the factory 2 to 3 times according to the victim's appearance, and suffered injury such as cutting the body of the victim in need of approximately 4 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on damaged photographs and CCTV photographs;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] General Injury [No person subject to special sentencing] [Determination of sentence] [No person subject to special sentencing] / [Determination of sentence] / The defendant has deposited three million won for the victim although it did not reach an agreement with the victim] / The defendant's motive and degree of injury caused by the defendant's crime, circumstances after the crime (the victim did not reach an agreement with the victim but did not reach an agreement with the victim] / The defendant's attitude of reflectiveness and criminal record relation, and other conditions of sentencing as shown in the records and changes are considered.