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(영문) 서울북부지방법원 2014.06.20 2014고단1019

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 상해 피고인은 2014. 3. 9. 20:50경 서울 노원구 B, 202동 1211호(C아파트)에 있는 피고인의 집에서, 술에 취하여 아무런 이유 없이 손으로 아들인 피해자 D(21세)의 머리채를 잡아끌고, 주먹으로 얼굴 부위를 수회 때리고, 발로 복부와 다리 부위를 수회 때려 피해자에게 치료 일수를 알 수 없는 얼굴을 빨갛게 부어오르게 하는 등의 상해를 가하였다.

2. The Defendant, at the same time, at the same place, and at the same time and place, and on the ground that a slope F, dispatched after receiving 112 report, took a bath to the above F as “heat, selling impule,” and obstructed the police officer’s legitimate execution of his duties by assaulting the F’s bridge on the ground that the said F’s act of assault was committed by the Defendant.

3. At around 21:30 of the same day, the Defendant publicly insultingd the victim by openly insulting the victim, “I must do so, i.e., bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bitch,” while being waiting to be arrested in the act of committing an offense and being investigated for the same reason, by stating to the victim F as “I must do so,” who is the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A victim's bodily injury photograph;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 257 (1), 136 (1) and 311 of the Criminal Act concerning the relevant criminal facts;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2004Da1448, Jan. 1, 2001);

1. Order of community service;