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(영문) 서울남부지방법원 2016.05.12 2015고합364
중상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On November 7, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and completed the execution of the sentence on November 27, 2013 at the Seoul Detention Center.

On June 14, 2015, the Defendant, at around 07:30 on July 14, 2015, provided meals in D “D” with daily behaviors, such as the victim E (34 tax) in Suwon-si, and, on the ground that the Defendant refused the request of the victim prior to clerical error in the sea area and drinking together with other daily behaviors, he/she had a conflict with the victim.

피고인은 피해 자로부터 “ 남자답게 맞짱을 뜨자” 라는 말을 듣고 피해자와 함께 식당 옆 주차장으로 이동하였고 그곳에서 피고인을 향해 달려드는 피해자를 몇 차례 피하다가 재차 주먹을 휘두르며 달려드는 피해자의 허리를 잡아 넘어뜨리고 쓰러져 있는 피해자의 얼굴을 오른손 주먹으로 5회 때리고 오른쪽 발로 1회 밟았다.

As a result, the Defendant inflicted injury on the victim, such as blood transfusions, and the closure of internal walls, and the closure of non-alleys, which require approximately 6 weeks of medical treatment, on the top of the upper left-hand side in need of approximately 4 weeks of medical treatment.

Accordingly, the defendant injured the victim, thereby causing danger to his life.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F, G, and E;

1. Injury photograph (the victim E, 119, and at the time of transmission), on-site photograph (the suspect, victim, vehicle for use, and page of violence);

1. A medical certificate (referring to 8 weeks in need of credit, such as external blood transfusion, etc.), a medical certificate (in need of 6 weeks in addition to injury, such as the removal of internal walls), or a medical certificate (in need of 4 weeks in the face value);

1. Investigation reports (the details of injury inflicted on the victim and relation to statements for damage), investigation reports (related to statements made on the victim E);

1. Before judgment: A/Written inquiry, such as criminal history.

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