(영문) 서울남부지방법원 2017.12.22 2017고합336

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(영문) 서울남부지방법원 2017.12.22 2017고합336

특수상해등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 15, 2016, at the defendant's house located in Gangseo-gu Seoul Metropolitan Government C Apartment, 101 Dong 704, the defendant suffered an injury to the right side of the bridge, etc., which requires approximately three weeks of medical treatment by assessing the right side of the victim's leg and the upper limit of the wall, while he/she had a dispute with the victim D (n, 44 years of age) that was found to demand repayment of KRW 100 million.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A medical certificate;

1. He argues that the defendant was a little body fighting in the process of demanding the victim to leave out of the house and taking a flusium, while the victim found his debt and urged him to repay his debt on the day of this case, and that he did not inflict any injury on the victim. However, the police officer E sent out at the time clearly states that the victim's flusium E is memory, and that the victim's flusium and degree of the victim's injury are caused by the direct price of the flusium, such as the defendant's assertion, is too minor.

It is difficult to conclude that the Defendant: (a) immediately after the instant case, left the victim’s 112 report to married his/her house; and (b) did not undergo an investigation to detect false horses in the course of the investigation.

In light of the fact that the defendant showed his attitude, etc., the victim's statement that he suffered an injury to the person who was the first child of the defendant has credibility.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing guidelines for special injury of Article 62-2 of the Criminal Code of the community service order are not set.

The Defendant committed the instant crime.

참조조문

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