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(영문) 서울중앙지방법원 2018.07.04 2018고단2973

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 9, 2016, around 04:11, the injured Defendant: (a) brought a dispute with the victim E (36 years old) on the street near the Gangnam-gu Seoul Metropolitan Government’s “D” club on the ground that the Defendant, who is a security personnel of the said club, would enter the club under the influence of alcohol, notwithstanding the detention of the Defendant, who was under the influence of alcohol; (b) was able to see the victim’s face by walking out the ebbbbbbbbbbing the ebbbbbbb, leaving the ebbb, leaving the ebbb, making the victim’s face available for drinking, and ebging the victim’s face once more than five weeks, thereby causing injury to the victim, including both sides

2. The defendant who has damaged property shall take out his/her mobile phone at the same time and time as the preceding paragraph, or while the injured party has been in a dispute with the injured party.

In order to make a report to the police, the victim's cell phone was damaged by 164,00 won of repairing cost, such as breaking the victim's cell phone by cutting off the victim's cell phone and cutting down the liquid on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A photograph damaged by an injury;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of injury to a victim);

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. The rationale behind the crime of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is recognized and reflected, and the victim paid KRW 5 million with the amount of damage repaid, and the fact that there is no serious criminal record is favorable.

On the other hand, it is not easy that the defendant unilaterally assaults a victim who has no ability to resist from alcohol and suffers serious injury.

It has been sufficiently satisfied of damage

It is difficult to see it.

The punishment shall be determined as ordered by comprehensively taking into account all the conditions of sentencing, such as the defendant's age, sex, environment, background of the crime, degree of damage, and circumstances after the crime.