logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.25 2017고단7165
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 13:40 on May 5, 2017, the Defendant, while working together with the victim D (64) on the second floor underground level of the construction site of the Gangnam-gu C building in Gangnam-gu, Seoul building site, was punished for Si expenses in relation to his / her remarks against the victim, and collected each item (120 centimeters in length) that is a dangerous object in the surrounding area after he/she gets the victim and pushed the victim, and caused an injury to the victim, such as the opening of the right shoulder, which requires treatment for about 35 days, by taking the victim’s shoulder, her shoulder, and her back the back.

2. On May 5, 2017, around 16:00, the Defendant committed assault on the first floor underground of the construction site at the construction site at the above level, such as assaulting 4-5 times the part of the victim’s arms due to the above violence between the victim and the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D and E in the second public trial protocol;

1. A written request for medical treatment and a medical certificate of injury;

1. Application of Acts and subordinate statutes to report on investigation (each item related to investigation used for committing a crime);

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor for a crime of elective assault;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Summary of the assertion

A. As to the facts charged No. 1, since the victim first gets out of the defendant's body in his/her own name and deducted each item from the damaged person, and only when the victim gets out of the defendant's body, the part of the back of the victim's back head is when he/she gets out of the body. Thus, the injury such as the opening of the back of the back of the victim's body before the back

B. As to the facts charged No. 2, the Defendant did not assault the victim, although he/she has a verbal dispute with the victim.

2. Determination

A. Article 1 (Special Bodily Injury) of the facts charged is acknowledged based on the evidence duly adopted and examined by the court.

arrow