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(영문) 서울중앙지방법원 2018.08.16 2018고단2647
상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a bus engineer B, and the victim C(45) is a D bus engineer.

around 20:50 on February 16, 2018, the Defendant stopped in order to oil in front of the parking station at the seat of the Seoul High-speed Bus Terminal in Seocho-gu, Seoul, Seoul, the Seocho-gu New Distribution Complex on February 16, 2018, and thereafter, the injured person waiting to oil in the bus after stopping the bus and waiting to oil in the bus.

On the ground that “the victim’s head is collected from the bus, and the victim’s face and head are taken several times due to drinking, and the victim’s buckbuck site was damaged by the victim, such as the victim’s buck site one time, and the victim’s buck site was inside the left-hand side and bucking down for about eight weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Photographs photographs of victims C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (Evidence 9);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. The degree of injury suffered by a victim for sentencing under Article 62-2 of the Social Service Order Criminal Act is relatively significant, and the defendant has been punished three times for the same crime, and the defendant has a record of being punished three times for the same crime is disadvantageous.

However, the fact that the defendant led to the crime of this case, made a mistake, deposited KRW 10,00,00 for the victim in related civil cases, deposited KRW 10,00 for the victim, the victim and the defendant did assault the victim in the process of vision as a main issue in the order of priority, which is contingent crime, and there is no other criminal history for the defendant after 2002, and the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, means and result, after 202, shall be determined by taking into account all the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime.

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