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(영문) 서울중앙지방법원 2018.10.18 2018고단4492

상해등

Text

A defendant shall be punished by imprisonment for six 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

1. On May 28, 2018, the Defendant: (a) around 17:28, the Dongjak-gu Seoul Metropolitan Government Monoporo, 119 packs, with the intention of drinking alcohol from the victim B ( South, 70 years old); (b) the Defendant, at the same time, desires to drink in accordance with the other’s mind.

In other words, the victim suffered fin fin fin fat and fat with the victim's fat, cut the victim's fat, cut the victim's fat, cut the victim's fat on one occasion, cut the victim's head fat, cut the victim's head fat on the floor, cut the victim's head fat on several occasions, and inflict an injury on the victim, such as fat fat, tensions and tensions that require treatment for about three weeks.

2. Special intimidation: (a) The Defendant, at the above time and at the above place, has broken a fluor’s disease near another person, who was in the vicinity of the victim who was saved by others; and (b) placed the shoulderer’s disease, which is a dangerous object, in his/her hand, as well as with the victim’s fluence and throw away.

“The victim was crypted by the victim.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Two copies of the medical certificate of injury;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s crime of this case with the reason of the observation of protection and the sentencing of Article 62-2 of the Social Service Order Act is not a good crime because the Defendant committed the crime of this case by getting the victim’s head from several times on the floor and threatening a shoulderer’s disease.

However, there is no record that the defendant has been punished as a fine or more, the defendant deposited 1.5 million won to the victim, and other conditions of sentencing, such as motive for the crime, age, sexual conduct, family relationship, property status, and circumstances after the crime.