beta
(영문) 부산지방법원 2015.01.15 2014고단8434

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2014 Highest 8434"

1. On October 5, 2014, the Defendant: (a) around 17:25, when the Defendant drinked the face of the Victim E (year 46) at the “D” restaurant located in Busan-gu, Busan-do; (b) on October 5, 2014, the Defendant was in the upper part of the body of the Victim E (age 46) with which the number of days of treatment cannot be identified.

2. The Defendant, upon receiving a report at the time and place as stated in the above paragraph (1), publicly insultingd the victim by publicly insulting the victim under the circumstances where 10 or more people, such as restaurant customers, etc., are observed by the Busan National Police Station F District G affiliated with the F District Unit of the Busan National Police Station.

3. In the process of arresting a flagrant offender from the above slope G who was dispatched upon receipt of a report at the date, time, and place mentioned in the above paragraph (1), and following the FF zone, the Defendant expressed his/her desire to “finite,” and assaulted him/her on one occasion by drinking the above G, etc., and obstructed the police officer’s legitimate execution of duties concerning the suppression of a crime.

"2014 Highest 9029"

4. On October 5, 2014, around 17:25, the injured Defendant inflicted an injury on the part of the victim H(the age of 42) who was under the influence of alcohol on one occasion by drinking a part of the left eye of the victim H(the age of 42) in the D restaurant as indicated in the foregoing paragraph (1) where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. A complaint filed by G;

1. Application of Acts and subordinate statutes to victims' photographs and opinions;

1. Article 257(1) of the Criminal Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with labor for the crimes in question;

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 (i.e., in light of the fact that agreement has been reached with the victim E or H);