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(영문) 서울서부지방법원 2016.10.07 2015고단3079

상해등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 모욕 피고인은 C 벤츠 승용차를 운행하는 자로 2015. 9. 23. 12:30경 위 승용차를 운전하여 서울 마포구 D 앞 편도 6차로를 마포대교 방면에서 공덕역 방면으로 진행하던 중 피해자 E(73세)가 F 쏘렌토 차량을 운전하여 우회전하면서 자신의 진로 앞으로 들어서는 것을 보고 시비가 되어, G 등 행인들이 있는 자리에서 피해자에게 “늙은 새끼야 죽을래, 이 새끼야 운전 똑바로 해, 꼰대 새끼야, 개새끼야”라고 욕설을 하였다.

Accordingly, the defendant openly insultingd the victim.

2. In the above time, at the above time, the Defendant discovered that the victim was in a trial room for the foregoing reasons and continued hump to the victim’s seated 112, and that the victim was able to file a report with the cell phone of 112, and that the victim was injured by the complete hump to the right line requiring treatment for about seven days, by putting the victim’s hand on his/her hand and spared with him/her.

[Witness E’s testimony and injury diagnosis document: (a) The summary of evidence is acknowledged in the process of the Defendant’s statement to the effect that “to make a self-report, to make a telephone call,” and that “the Defendant has suffered a bodily injury on the right to the right,” as the Defendant’s hand knife of the victim’s hand knife, which was reported to 112,

1. Partial statement of the defendant;

1. Legal statement of witness E and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 311 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has been punished several times due to the same kind of crime, and its responsibility is not weak.

(b).