beta
(영문) 인천지방법원 2018.05.30 2018고단979

상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant, as an organized violence group member of the Incheon Violence Organization, was controlled by the police, from around 03:16 on December 13, 2017 to around 04:31 on December 13, 2017, from around 03:0 to around 04:31, on the ground that the horses and attitudes of the victim E (33 cm) who initially flowed to drink on the day of the instant case through D are not in mind. However, without any justifiable reason, the Defendant took 22 minutes of the victim’s face by hand for about 1 hour and 15 minutes, such as when the victim’s face faces to the right side by hand.

As a result, the Defendant inflicted injury on the victim, such as “absecting in the upper part of the body frame,” which requires treatment for approximately 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of the victim;

1. To apply internal investigation reports (cases concerning diagnosis of injury to a victim) and written diagnosis of injury under statutes;

1. In full view of the relevant legal provisions regarding criminal facts, Article 257(1) of the Criminal Act regarding the selection of punishment, the reasons for sentencing of imprisonment, and other circumstances below the Defendant’s age, sex, environment, motive and circumstances of the instant crime, means and methods, circumstances after the instant crime was committed, etc., and the sentence identical to the order shall be determined.

The crime of this case was committed on the ground that the defendant was not in mind of the victim's speech and attitude at first time, and the victim's face, chest part, etc. was 22 times per hour and 15 minutes, and the crime of this case was committed in light of its circumstances, method, frequency, etc., it is not good that the crime was committed. Furthermore, the defendant exercised violence against the victim for a considerable period of time at the main point where the general customers are seated on the table table, and the defendant continued to use violence against the victim even after being called by the police after being called up with 112 report, and it is also recognized that the necessity of strict punishment is also recognized.