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(영문) 서울남부지방법원 2018.09.12 2018고단2256

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On April 13, 2018, around 17:15, the Defendant, at around 17:15, filed one time a part of the victim's head with a stick (80cm in length) that was pending in the dispute concerning the victim D (n, 23 years of age) and the victim's lectures on the front of Gangseo-gu Seoul Metropolitan Government.

계속하여 피고인은 손과 주먹으로 피해자의 얼굴 부위와 머리 부위를 수 회 때린 다음 한 손으로 피해자의 뒷목을 잡고 다른 손으로 피해자의 얼굴 부위를 수 회 때린 후 손으로 피해자의 허리 부위를 긁고 발로 피해자의 허벅지를 찼다.

The defendant continued to take the head of the victim's hair by hand and damaged the victim's body, and the victim's face was transferred to the victim's face by hand.

As a result, the defendant got the victim to receive approximately two weeks of medical treatment, resulting in multi-diversity, etc.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. A protocol concerning the examination of suspects of D;

1. An injury diagnosis certificate (D);

1. Application of each investigation report (additional attachment of suspect DNA photographs / Hearing of witness telephone statements) statute;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: A favorable circumstance in which the defendant uses violence against the victim, such as stick, drinking, etc., using drinking, etc., which is favorable to the defendant: The defendant is guilty; there is no record of criminal punishment; there is no record of criminal punishment; the degree of injury suffered by the victim is not severe; and the disabled in class 3 of the delayed disability is the disabled in the above circumstances disadvantageous to the defendant; and as such, the defendant's age, sexual behavior, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions stated in the arguments and the records of the case shall be