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(영문) 서울서부지방법원 2014.12.17 2014고단1442
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a resident of Yongsan-gu Seoul, Yongsan-gu, Seoul, and the victims are residents of 401, the upper floor above the Defendant’s residence. On February 20, 2014, the Defendant injured the Defendant: (a) sought as above 401 on the ground that noise was caused by the victims’ slurgical noise around February 23:47, 2014.

피고인은 “씨팔, 좀 조용히 살자”라고 큰 소리를 치며 발로 위 401호의 현관문을 걷어차고, 이에 피해자들이 현관문을 열자, 양 손으로 피해자 D(여, 40세)의 머리를 잡아 그 곳 현관문으로 내리치고, 양 손으로 피해자 D의 남편인 피해자 E(69세)의 오른뺨을 때리고, 발로 피해자 E의 복부를 걷어찼다.

As a result, the Defendant assaulted victims E and victims D and inflicted injury on victims E, such as cage cages, which require approximately four weeks of medical treatment, and double cage damage, which requires approximately three weeks of medical treatment to victims D.

2. The Defendant was aware of the fact that E and D were assaulted by the Defendant at the time and place set forth in the above paragraph 1, and the victim F (37 years of age) who returned to his house, knew of the fact that E and D were assaulted by the Defendant, was shaking the victim F’s bather bat, in both hands and defective.

Accordingly, the Defendant assaulted the Victim F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, F, and D;

1. A protocol concerning the examination of suspects of E, F, or D;

1. Each investigation report;

1. Application of Acts and subordinate statutes to damaged photographs, injury diagnoses, and diagnostic certificates;

1. Articles 257 (1) and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not likely to be a crime of assaulting the victims for the reason that the defendant suffered noise damage, and there is the same criminal power for the defendant, on the other hand, an agreement with the victims of the injury.

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