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(영문) 서울동부지방법원 2014.01.08 2013고단1364

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:50 on March 7, 2013, the Defendant, at D main points located in Gwangjin-gu Seoul Special Metropolitan City, committed violence from the victim E (n, 32 years of age), set up against this violence, flick the head of the victim's head, flicking the victim's face, and quihicking the victim's face in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Some statements in the suspect examination protocol of each prosecution against the defendant and E (including the H substitute part);

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that the injury inflicted on the victim by a pair of assault and the fact that there exists no record of sentence of imprisonment or heavier punishment due to the same kind of crime

1. Part of not guilty under Article 62-2 of the Criminal Act on Probation;

1. Around March 23:50 on March 7, 2013, the Defendant violated the Punishment of Violences, etc. against Defendant A (a collective injury with a deadly weapon, etc.) (a) committed an assault from the victim E (n't, 32 years of age) at the D main points located in Gwangjin-gu Seoul Special Metropolitan City, and caused a beer’s disease, which is a dangerous object, and caused a multiple scambling, which requires approximately two weeks of treatment to the victim by taking advantage of his head and math.

2. However, according to the video images of the victim E, which have been submitted by the prosecutor first, it can be recognized that the victim E is satisfyed on the left-hand side of the victim.

Furthermore, as to whether the defendant assaulted the victim with a dangerous object, and caused the above scambling, there are statements in E investigation agency and this court, the victim, and evidence corresponding thereto. At the time of the first investigation at the investigation agency, E, the defendant, even though he first started fighting with the beer who had been in the beer's scambling with the defendant.