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(영문) 서울남부지방법원 2018.11.07 2018고단3707
상해등
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

On May 14, 2018, the Defendant was under the influence of alcohol in the waiting rooms of the Incheon subway No. 1 located in the Incheon subway No. 23:5 on May 14, 2018.

Along with the 1st century, the reason why the house was sent.

In order to restrain the Defendant, “(D) of the Victim E (23) who is a social service personnel, the victim E (23) is dead and whose parents are parents, while avoiding disturbance, such as d(48) which is a cause of the Incheon Traffic Corporation’s traffic service, d(48) and d(23).

”라고 말하며 손으로 D의 얼굴을 때린 다음 발로 D의 허벅지를 수회 차고, 피해자 E이 이를 제지하자 주먹으로 피해자 E의 얼굴, 머리 등을 수회 가격한 다음 발로 피해자 E의 등과 배를 찼고, 사회 복무요원인 피해자 F(22 세) 가 피고인을 뒤에서 붙잡자 머리를 뒤로 젖혀 피해자 F의 얼굴을 수회 때렸다.

As a result, the Defendant interfered with legitimate performance of duties concerning railroad safety, protection and maintenance of order of railroad workers, assaulted the victim F, and imposed multiple accounts that require approximately two weeks of medical treatment to the victim E.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate of injury (48 pages of evidence records);

1. Application of the Acts and subordinate statutes to a investigative report (a photograph by cutting offCCTV images);

1. Relevant legal provisions concerning criminal facts, Articles 78(1), 49(2) (a) of the Act on the Safety of Railroad Workers, Article 257(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 260 of the Criminal Act, and the choice of imprisonment with labor, respectively;

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. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act of the community service order: The same shall not apply to the defendant's use of violence against his/her service personnel in subway rooms, social service personnel, etc. while under the influence of alcohol, in light of the number of victims and the method, degree, etc. of violence;

from victims.

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