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(영문) 의정부지방법원 고양지원 2015.11.20 2015고단2598
상해등
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

On May 9, 2015, the Defendant was in dispute with the victim on the ground that the victim D(20 years of age) was franchising in the second floor of the building C in Goyang-dong, Yongsan-gu, Goyang-si, Goyang-si, the second floor of the building C on May 9, 2015, and that the victim D(20 years of age) was franchising in the Defendant’s behavior and the toilet.

피고인은 이에 화가 나 오른 주먹으로 위 피해자의 얼굴을 수회 때린 뒤 양발로 복부 및 엉덩이를 수회 걷어차고, 피해자 E(18세)이 이를 말리자 오른 주먹으로 피해자 E의 얼굴 부위를 수회 때리고 발로 복부를 1회 걷어찼다.

As a result, the Defendant committed the injury to the victim D, which requires approximately four weeks of treatment, to the victim E, and to the victim E, the injury to the closed frame that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. A statement prepared by the F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the investigation report (CCTV);

1. Article 257 (1) of the Criminal Act as to the facts constituting an offense;

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. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: The offense of injury has the history of being sentenced to a fine twice due to violent crimes, general injury, first category (general injury), basic area, four-one-one year and six months of imprisonment, and multiple crime processing standards, by assaulting victims without any special reason, causing the victims to suffer any weak injury and has been sentenced to a fine twice due to violent crimes.

On the other hand, after the closure of the public trial, the defendant agreed with the victims, and the attitude of reflecting the crime of this case seems to be contradictory.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

Public Prosecution Rejection Parts

1. The Defendant is aware of the facts charged (2015Nodan2777) at the front of the restaurant "G" of the Goyang-dong, Yongsan-gu, Busan, around 02:50 on October 2, 2015.

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