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(영문) 서울북부지방법원 2015.09.25 2015고단403
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 13:15 on July 24, 2014, the Defendant is driving C C C CCB car on the front day of the shooting distance from the Dongdaemun-gu Seoul Metropolitan Government Jeondong-gu Middle School.

The victim D(36 years of age) avoided the cargo difference of the victim in the signal waiting due to the rapid change of the E-Poter cargo vehicle.

The Defendant, who was seated with the chief of the police station, tried to open a door of the victim's car and let the victim fat from the vehicle by hand, and the person in an unsatisf in his name, tried to get the fat of the victim from the vehicle by cutting the satch of the victim, and the victim who gets off the vehicle from the vehicle by hand, the Defendant satfing the victim's head, bat, face, and bat, and several parts of the victim's head, face and bat at hand, and the person in an unsatisfing name threatened the victim from the side of the defendant.

As a result, the defendant, in collaboration with the injured party in his name, caused damage to the reputation of other parts that require approximately two weeks of treatment to the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] general injury [the person subject to special mitigation] (one to one year), minor injury (one to one year) (the person subject to special mitigation], the decision not to impose punishment [the decision of sentence] reflects the defendant's wrongness, the victim does not want the defendant's punishment without severe damage degree, the defendant's criminal record relation (the person subject to a fine not exceeding seven million won due to a drunk driving in 2012), family relation, occupation, etc. shall be determined as per the order.

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