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(영문) 수원지방법원 안산지원 2016.10.28 2016고단3282

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On June 24, 2016, around 02:18, the Defendant sought to board the E Hospital located in Ansan-si, a member-gu, Sinsan-si, in front of the E Hospital, and the Defendant sought to take the victim’s face from the victim’s G taxi that he drives. “I would like to take the victim’s face by taking the victim’s face from the victim’s horse to the victim’s walk, “I would like to take the victim’s seat, who would take the other customer’s seat from the Kao-si call, and would have taken the victim’s face from the vehicle to take the victim’s face.”

계속하여 피고인은 주변 차량에 기대어 쓰러진 피해자에게 다가가 발로 옆구리를 수회 걷어찼고 그로 인해 피해자가 땅바닥에 쓰러졌음에도 발로 피해자의 허리 부위를 수차례 밟아 피해자에게 약 8주간의 치료를 요하는 요추 제2번, 3번, 4번, 우측 횡행돌기 골절과 안와골절 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the submission of violence victim photographs, injury diagnosis reports, additional diagnosis reports on victims, and treatment receipt;

1. The crime of this case, where the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the choice of criminal punishment, and Article 257(1) of the Criminal Act, where the defendant's crime of this case, where the victim unilaterally prices the victim's face, etc. on several occasions due to extreme minor reasons, causing an injury requiring approximately eight weeks medical treatment, is very poor in the process and method of crime, and the victim has not yet agreed with the victim, and the victim is wishing to severely punish the defendant, and the defendant has the same or similar criminal records and three times

However, in consideration of all the sentencing conditions shown in the trial of this case, such as the fact that the defendant is led to confession and reflect, that the defendant deposited KRW 15 million for the victim, that the defendant has no record of punishment exceeding the amount of fine, etc., the punishment is set as the sentencing guidelines.