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(영문) 서울중앙지방법원 2013.12.20 2013고합740
폭행치상
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 10, 2012, around 02:55, the Defendant: (a) sought to set up and board a taxi in front of Jongno-gu Seoul Metropolitan Government D having been in operation of E with “an empty vehicle”; (b) but, as the case was, E, who was on board the victim F (age 54) was passed as it was; (c) took action, such as defectiveness, misunderstanding that he refused boarding, and drinking the said taxi; and (d) there was a dispute between E and the Defendant who set up and landed a taxi.

In the process of fighting, the Defendant: (a) she sawddd the victim’s buck and face with her horse or hand; (b) her french caused the victim’s breath by force; and (c) her boomed the victim by hand; and (d) the victim was written on the floor and was going on the side of the driver’s seat of the stringtop car, which was going on the opposite side of the masttop.

Accordingly, the Defendant assaulted the victim as above, resulting in the victim's injury to the inner body in need of treatment for about 42 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. F and E respective legal statements and G legal statements;

1. Partial statements made by the police in relation to F and E;

1. Application of a medical certificate of injury, photograph (19 pages of investigation records), and telephone conversations-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (1), and 257 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The gist of the assertion is that the Defendant was an unilateral assault from E and the victim F, and the victim was trying to report to the police as a cell phone while breathing breath. The victim went away from his cell phone, and then the victim was able to find his body in order to find his cell phone beyond his balance.

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