logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.25 2020고단4044
상해
Text

Defendant

A shall be punished by a fine of KRW 1,000,00, and by a fine of KRW 1,500,000, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A (Bodily Injury) was sentenced to one year of imprisonment with prison labor for an injury, etc. at the Seoul Southern District Court on May 20, 2020 and the judgment became final and conclusive on November 4, 2020.

On April 1, 2020, around 17:45, the Defendant received a request from the victim that he would be able to make a payment of locks from the victim D, which is located in the Defendant’s domicile, while drinking together with the victim B (Nam, 56 years of age) in the Jung-gu Seoul Metropolitan Government 2nd floor D.

그러나 피고인은 피해자가 잘 때 코를 ‘드륵드륵’ 골고 침을 흘리는 것이 마음에 들지 않아 이를 거절하던 중, 갑자기 화가 나서 주먹과 발을 휘둘러 피해자의 안면을 때려 피해자에게 입술이 찢어지고 코피가 나게 하는 등 치료일수 미상의 상해를 가하였다.

2. Defendant B (Special Violence) committed an assault from the victim A at the same time and place as set forth in paragraph (1), and Defendant B (the South and the age of 54) committed an assault to the right part of the victim’s right part, on the ground of a fluor’s disease, which is a dangerous object left alone by shouldering the floor at that place.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Part of Defendant A’s legal statement and Defendant B’s legal statement

1. Legal statement of the witness B;

1. Each police interrogation protocol against the Defendants

1. Investigation report (related to confirmation on the parts of damage);

1. Previous convictions in the judgment: Defendant A’s legal statement, list of related cases, and application of each of the court rulings (Seoul Southern District Court Decision 2020Ma1822, 2020No1052);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(1) of the Criminal Act; Selection of fines

B. Defendant B: Articles 261 and 260(1) of the Criminal Act; selection of fines

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing);

1. Defendants’ detention in prison (in the event that a suspended sentence of imprisonment is invalidated or revoked), Article 70(1) and (3) of the Criminal Act.

arrow