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(영문) 서울동부지방법원 2019.01.11 2018고단3215
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

Criminal facts

The defendant and the victim B(n, 20 years of age) are cafeteria employees, and the victim D(n, 25 years of age) is an employee of the neighboring shop, who drinks together in the above C cafeteria, and became a hall.

1. Around 08:20 on June 6, 2018, the injured Defendant suffered injury, such as “damage to the reputation of the part of the head unknown part,” which requires treatment for about 22 days from the victim’s hand, after being arranged after the victim B was tightly pushed the chest part of the victim B’s chest part in his/her hands, on the ground that the victim B acted without any example at the opening of the meeting.

2. The Defendant, at the time, at the same time, at the same place as the above Paragraph 1 above, threatened the victim D with an injury as in Paragraph 1 above, and the victim D expressed that the victim D would want to collapse “I wish to collapse. I want to collapse. I want to do so.” In addition, the Defendant abused the victim D, as if he would inflict harm on the life, body, and body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. A photograph of damage, and a list of 112 reported cases;

1. Investigation report (on the spot and CCTV confirmation), investigation report (report on the analysis of CCTV image data in a C cafeteria, etc.), and investigation report (report on the submission of victim B injury diagnosis report, etc.);

1. Application of Acts and subordinate statutes in Part VIII of data, such as CCTV photographs, B submitted diagnostic reports, etc.;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments for the crimes of serious injury, which are prescribed by the heavier punishment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria shall be;

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