logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.09.20 2017고단3939
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

피고인은 2017. 6. 5. 04:40 경 서울 광진구 C에 있는 ‘D’ 주점 앞 도로에서 피해자 E(24 세) 과 피고인의 여자친구가 친밀하게 대화를 한다는 이유로 시비가 되어 다투던 중 주먹으로 E의 얼굴을 수차례 때리고 넘어진 E의 얼굴을 발로 걷어 찼고, 이를 보고 피고인을 제지하는 피해자 F(29 세) 과 시비가 되어 F의 얼굴을 수차례 때렸다.

As a result, the Defendant inflicted injury on the victim E, such as inside the left side of the eight weeks of medical treatment, and the downs of the lower wall, and injury on the victim F to the victim F, such as damage of the inner part that requires three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, E, or F;

1. Application of Acts and subordinate statutes to damaged photographs and written diagnosis of injury;

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

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

1. The Defendant’s act of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance to the Defendant, with the following: (a) serious damage suffered by the victim E, such as the victim’s injury, such as the victim’s inside and outside of the left-hand side, the removal of the wall, and the removal of the pelvis; (b) the victim’s failure to reach an excessive agreement with

Meanwhile, there are circumstances favorable to the defendant, such as the fact that it appears that the defendant's female-friendly group could have caused a dispute, such as drilling, and that the victim E deposited 20,000 won with the victim E on July 5, 2018, 200,000 won on September 25, 2018, and that the defendant had an attitude to reflect upon recognizing his/her criminal act.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

arrow