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(영문) 춘천지방법원 강릉지원 2017.04.27 2016고단1658

특수상해등

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

1. 피해자 C에 대한 범행 피고인은 2016. 11. 11. 22:15 경 동해시 D에 있는 'E' 식당에서 직장 동료인 피해자 C( 남, 57세) 과 함께 술을 마시던 중 피해 자로부터 건방지다는 이유로 폭행을 당하자 이에 대항하여, 주먹으로 피해자의 얼굴을 수 회 가격하고, 발로 넘어진 피해자의 얼굴 부위를 걷어찼다.

Defendant continued to gather disease, which is a dangerous thing that had been located therein, and flaps the victim and throw away.

“Fastly sound”.

As a result, the defendant injured the victim about two weeks of treatment, such as snow grass and open body around snow, and threatened the victim with dangerous things.

2. The Defendant committed the crime against the Victim F at the same time and place as set forth in paragraph 1, and at the same time and place as set forth in paragraph 1, the victim F ( South, 61 years old), who is the main owner of the above restaurant business, sold the victim’s fingers to the victim’s fingers.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as fingers, salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with regard to F;

1. On-site and damaged photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1), 257 (1) (a) (a point of harm, choice of imprisonment with labor), 284, and 283 (1) (a) (a point of special intimidation and choice of imprisonment with labor) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. The Criminal Act, the suspension of execution;