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(영문) 부산지방법원 2016.07.22 2016고단2905

상해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2016 Highest 2905"

1. 피고인은 2016. 4. 9. 01:15 경 부산 사상구 C에 있는 ‘D 주점 ’에서 별다른 이유 없이 옆 좌석에 있던 피해자 E(47 세 )에게 욕설을 하며 시비를 걸 다가 피해 자가 주점 밖으로 나가자 피해자를 뒤따라가 주먹으로 얼굴을 1회 때려 바닥에 넘어뜨린 후 다시 발로 피해자의 얼굴, 배, 다리 등을 수회 걷어찼다.

또 한 피고인은 옆에서 이를 말리려 하던 피해자 E의 처인 피해자 F( 여, 51세) 을 손으로 밀어 바닥에 넘어뜨린 후 발로 피해자의 엉덩이 등을 수회 걷어찼다.

As a result, the Defendant inflicted injury on the victim E, such as inside the right side, joints, and joints of the right side, which requires approximately six weeks of treatment, and assaulted the victim F.

"2016 Highest 3176"

2. The Defendant, at around 02:10 on May 13, 2016, in front of the main point of “H” located in Singu, Busan, Y, the victim I (56 aged) within the instant main point of the Victim I (56).

“In the event that the victim’s hair, face, etc. are several times due to the head and face of the victim due to the drinking and saliva, the victim was injured by the victim, who was in need of approximately two weeks of treatment, such as blood transfusion and saliva-expane cymosis, etc.

Summary of Evidence

"2016 Highest 2905"

1. Statement by the defendant in court;

1. Each police statement made to the J, E, and F;

1. A written diagnosis of injury "2016 high group 3176";

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes of the investigative report (No. 2 and 6)

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury) and Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment for the crime;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with punishment prescribed for the severe crime of injury to E) of the aggravated concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a)each injury;