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(영문) 대전지방법원 천안지원 2019.05.02 2019고단410

특수상해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. 폭행 피고인은 2019. 2. 26. 21:00경 천안시 서북구 양지21길 21-1에 있는 성정10공원에서 피해자 B(17세), C 등 일행들이 대화를 하는 것을 보고 아무런 이유 없이 주변에 주차되어 있는 차의 보닛을 치면서 피해자 및 일행들에게 “야! 이리와봐!”, “야 씨발새끼들아 뒤질래 ”라고 욕설을 하고, 이에 피해자가 “왜 그러세요”라고 말하자 아무런 이유 없이 피해자의 멱살을 잡고 주먹으로 피해자의 얼굴을 1회 때렸다.

Accordingly, the defendant assaulted the victim.

2. The special injury accused reported that B was assaulted at the above time and place, and the victim C (the age of 17) sought to escape from the defect report 112, but she was removed from the victim and his/her daily behaviors, and she saw the brick (a 23 cm, 11 cm in length, 6 cm in thickness) which is a dangerous object on the floor of the wall, the victim was faced with the victim, and the victim was faced with the victim's face and head, coming up three consecutive times with the victim's back and head, going up with the victim's back and going up with the wall, resulting in the victim's injury, such as the softening of the fright in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B, C, and D;

1. On-site and photographs of victims, suspects, and victims C;

1. Investigation report (investigation of bricks used by a suspect);

1. A medical certificate for victims C and a medical certificate for injury;

1. Application of the provisions of Acts and subordinate statutes to a criminal investigation report (Attachment to a photograph of CCTV images taken on the surface of a suspect's crime scene) and to capture CCTV images;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 260 (1) of the Criminal Act that prescribe the applicable provisions concerning the facts of crime and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation;