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(영문) 서울동부지방법원 2014.06.20 2013고단2647
상해
Text

A defendant shall be punished by imprisonment for six 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

On November 15, 2006, the Defendant was sentenced to a summary order of one million won as a crime of bodily injury by the Seoul Northern District Court, and on September 6, 2002, the Seoul Northern District Court was sentenced to a fine of one million won as a crime of bodily injury.

On September 18, 2013, the Defendant, around September 18:30, 2013, engaged in disputes over air conditioners in the factories of Seongdong-gu Seoul Metropolitan Government Underground Victims D (the age of 42). The Defendant, on his hand, suffered bodily injury, such as coke, which requires approximately three weeks of treatment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Grade D and E of the suspect examination protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Medical certificate, medical expenses receipt, fact-finding results, photographs [the defendant and his defense counsel did not use the victim's block as stated in the facts charged. However, according to each of the above evidences, it is sufficiently recognized that the defendant used the victim's block at one time and used the victim's clock at one time and used the victim's clock at one time and used the victim's clock at the bones, etc.

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Punishment]: The basic area (a period of four months to one year and six months) of the type of general injury (a general injury): [Determination of sentence]: The crime in this case is that the defendant inflicted an injury upon the victim in need of approximately three weeks of treatment, and the crime in this case is not less than the nature of the crime in light of the degree of injury, etc.; the victim wants to be punished; the victim wants to be punished; six times of a fine due to the same crime is disadvantageous to the defendant.

On the other hand, the air conditioner of the victim's factory is installed near the defendant's house windows, which caused the noise problems.

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