beta
(영문) 서울북부지방법원 2016.04.07 2015고단4645

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 8, 2015, around 01:30, the Defendant, at D main points in the second floor of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Special Metropolitan City C building, had a dispute over the following reasons: (a) the Defendant reported that the amount would meet the same amount as the victim E ( South Korea, 50 years old)'s female employees and the drinking value; (b) the Defendant was suffering from the same reason; (c) and (d) the victim would be his superior and speak against the victim.

After a number of faces of the victim by drinking, the Defendant continued to attract the victim from the main point of view, kidd the head, and kid by drinking, and kid up the chest, thereby causing injury to the victim, such as sexual cerebral flacing, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Entry of a protocol concerning the examination of a suspect against the defendant by the prosecution;

1. Entry of the F in the protocol concerning the interrogation of suspects by the prosecution;

1. Entry in the police interrogation protocol concerning E;

1. Statement of G;

1. Application of Acts and subordinate statutes to report an investigation (in the field investigation of the case, confirmation of CCTV at the site of the case, investigation of a witness, second time the investigation of a witness, attachment of a death diagnosis report, etc., attachment of the site photo of the case, and hearing report of suspect E phone

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. The basic area ( April - June 1) of the recommended sentencing criteria: the scope of the recommended punishment [the scope of the recommended punishment] general injury; and

2. The decision-making defendant is inevitable to choose to imprisonment with prison labor for the defendant on the following grounds: (a) when the victim faces the victim; (b) when the defendant takes the victim's face, being towed under the stairs to take the victim's hair; (c) when taking the victim's face; and (d) when taking the victim's face into consideration the degree of injury the victim suffered; and (c) when the victim suffers serious injury

However, when the defendant denies some of the crimes until the investigation stage, it appears that he was committed in the court, and the attitude against him is different from the juvenile protective disposition due to his attempted special robbery in 2001.