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(영문) 대전지방법원 서산지원 2014.02.07 2013고단619
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 폭행 피고인은 2013. 7. 20. 23:00경 당진시 C에 있는 D 편의점에서 직장동료인 피해자 B(28세)과 술을 마시던 중 시비가 되어 다투다가 화가 나서 손바닥으로 피해자의 왼뺨을 1회 때려 폭행하였다.

2. On July 20, 2013, around 23:20 on July 20, 2013, the Defendant, following the victim B, who was assaulted by the Defendant as referred to in paragraph (1), entered the room of the trade name 301, which is the victim’s residence in Jinjin-si C, into the room of the victim’s residence, and intruded by entering the door through an influence method.

3. The Defendant: (a) discovered the victim B (year 28) at the time and place specified in paragraph 2; (b) took a bath to “Chewing”; (c) went out of the victim’s face by drinking, and (d) went out of the victim’s face at around 23:30 minutes later; (b) went out of the victim’s face at around 10 minutes later; (c) went out of the victim’s face on one occasion by going out of the victim’s body; and (d) took out the victim’s face at around 1 time; and (d) went out of the victim’s body by drinking out of the victim’s body; and (e) took out the victim’s body one time, she suffered injury, such as an an an abagh, in need of treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act, Articles 257 (1) and 319 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) and 319 (1) of the Criminal Act, the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation, the scope of the Defendant’s remaining liability for compensation against the victim by making an agreement and paying part of the agreed amount.

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