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(영문) 서울중앙지방법원 2014.10.23 2014고단3842
상해등
Text

A defendant shall be punished by imprisonment for six 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. 상해 피고인은 2014. 4. 20. 03:20경 서울 관악구 C에 있는 피해자 D(여, 51세)가 운영하는 노래방 계단에서 소변을 보려다가 피해자에게 들켜 항의를 받자 욕설을 하면서 주먹으로 안경을 쓰고있는 피해자의 얼굴 부위를 때리고, 발로 피해자의 가슴, 정강이 부위를 수회 걷어찼다.

As a result, the defendant laid the body of the 21-day medical treatment for the victim.

2. The Defendant damaged property at the time and place set forth in paragraph (1) and damaged an inner chilling test equivalent to KRW 300,000 in the market price where the victim was worn by drinking the above victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made to D by the police;

1. A photo of the damaged part;

1. CCTV images;

1. Written estimate;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of injury, the choice of imprisonment), the choice of punishment for the crime (the point of causing damage to property and the choice of imprisonment);

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending sentence] general injury (the scope of recommending sentence] is determined as per the disposition on the grounds of imprisonment with prison labor for not less than six months, suspended execution for two years, community service work hours for not less than 80 hours (case circumstance, degree of injury).

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