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(영문) 전주지방법원 군산지원 2017.08.11 2017고단539
상해
Text

A defendant shall be punished by imprisonment for four 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

On March 24, 2017, around 11:17, the Defendant met the victim D (n, 34 years old) who was in conflict with the noise problem between the floor level around the first floor elevator of the 112-dong and the 14th floor of the 1st floor of the 193rd floor of the 2017, and the defective victim's defect in the clause is that "the upper floor noise and the lower floor noise are installed well."

”라고 대답하였다는 이유로 화가 나 피해자에게 “ 이게 보자 보자 하니까 어디서 감히 미친년 아 ”라고 욕설을 하면서 피해자의 가슴 부위를 양손으로 2회 밀치고, 피해자의 머리채를 잡아 복도 벽에 3회 내리찧은 다음 피해자를 넘어뜨리고 주먹으로 피해자의 머리 부위를 5회 때린 후 발로 피해자의 다리 부위를 1회 찼다.

As a result, the Defendant inflicted injury on the victim, such as cerebral styp, which requires treatment between approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Video screen;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime in question;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] general injury [the scope of punishment] does not exist (the person subject to special sentencing from April to January] in the basic area (the person subject to special sentencing] [the decision of sentence] [the person subject to special sentencing]] [the decision of sentence] is a noise problem between floors, and an undiscriminatory violence is exercised, such as going beyond and drinking a victim who is working for the young child, thereby causing the crime. In light of the circumstances leading to the crime, method, the situation at the time of the injured person, etc., the damage assessment of the injured person has not yet been recovered.

However, in consideration of the fact that the defendant is a primary offender and reflects his/her mistake during the trial process, a suspended sentence of two years shall be sentenced to imprisonment for April, and the observation of protection and community service order shall be added.

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