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(영문) 서울남부지방법원 2013.11.01 2013고합227
중상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant, around 01:40 on December 1, 2012, while drinking alcohol together with E, at D cafeteria located in Guro-gu Seoul Metropolitan Government, the Defendant: (a) the victim F (the age of 45) who was drinking alcoholic beverages on the side table table, f (the age of 45) went to E while drinking alcohol; (b) the victim and E set a shoulder with each other.

The restaurant went out of the restaurant.

이에 피고인은 식당 밖으로 두 사람을 따라 나가, 피해자를 밀어 넘어뜨린 뒤 바닥에 넘어진 피해자의 얼굴 부위를 발로 2회 세게 걷어찼다.

Accordingly, the Defendant caused a serious injury to the victim, which led to the real name of the victim due to the inside of the seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol regarding E;

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

1. Application of Acts and subordinate statutes of each written diagnosis (Evidence Nos. 7 and 13), written opinion (Evidence List No. 16);

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The argument that the defendant inflicted an injury on the victim's face face is not a serious injury because the victim is not in the real name of the victim at present.

2. According to each of the evidence indicated in the summary of the judgment, the following facts are found: ① the victim received the primary falvology on February 2, 2012 due to the internal falphism and the pre-discharge blood; ② the maximum calpology of the climatic force on the climatic unit at the time was luminous (unfalption of the climatic) and ② the victim received the climatic cliption in the climatic unit on February 25, 2013, and the maximum climatic force after the victim received the climatic cliption in the climatic unit, and ③ the doctor in charge uses the climatic cliption in the future on the climatic unit of the victim.

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