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(영문) 서울동부지방법원 2016.03.24 2015고단3451
상해
Text

A defendant shall be punished by imprisonment for four months.

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 October 11, 2015, at around 21:10, the Defendant: (a) was boarding the victim C (55) Haak-dong operated in the front of the felb in Seongdong-gu Seoul Metropolitan Government on the road in front of the felb, and was going to the direction of Songpa-gu Seoul Metropolitan City, a destination for destination; (b) around 21:15 on the same day, the Defendant was driving the fel to the front of the Sungcheon-gu, Seongdong-gu, Seoul; and (c) on the ground that the fel was not going to the way that the Defendant wishes, “I return this fel to the fel, why I am going to this direction;

The driver has stopped the victim's taxi on the side of the road by sounding "a vehicle parking".

After that, the Defendant: (a) opened a driver’s seat from the back seat of the taxi and let the victim get off; (b) laid the victim’s chest part once a week; and (c) laid the victim’s face by drinking once; (d) laid down the victim’s face on the floor by hand; and (e) laid down the victim’s face one time due to drinking.

계속해서 피고인은 휴대전화로 경찰에 신고를 하던 피해자의 배 부위를 발로 차 피해자를 바닥에 넘어뜨리고, 넘어진 피해자의 몸통과 머리를 발로 수회 찼다.

Accordingly, the Defendant, as seen above, committed double scams, diagnosis, etc. requiring medical treatment for about 14 days to the victim.

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 against C;

1. 112 Requests for inquiry about details of handling reported cases;

1. A death diagnosis certificate, each photograph, a taxi stuff, and a video CD;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury [the scope of recommended punishment] and the mitigation area (two months to one year), / [the person who has been specially mitigated] punishment non-won (including efforts to recover damage] [the decision of sentence] Defendant has a number of offenses of the same kind.

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