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(영문) 인천지방법원 2014.06.12 2013고단5080

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2013, around 15:25, the Defendant: (a) discovered that the victim E (the 15-year-old age) was smoking tobacco before the Bupyeong-gu Incheon Bupyeong-gu Office; (b) told the victim that he would not smoke tobacco; (c) but neglected it; (d) caused the victim’s hair to go beyond the floor by putting the victim’s head head, knife the knife the knife; and (d) followed the victim’s face knife the knife with the knife, thereby causing injury to the victim.

2. The Defendant discovered the victim F (the 16-year-old age), the victim G (the 15-year-old age), who was working around the same date and time, and at the same place of the assault, and committed assault against the victims, such as her hand, her face, her face, her hand, her face, her hand, and her face twice.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Entry of each protocol of examination of witness with respect to E, F and G;

1. Application of Acts and subordinate statutes to entries in a written injury diagnosis;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), and the choice of imprisonment with prison labor, respectively;

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

1. Application of the sentencing criteria;

(a) The basic area of the crime of bodily injury (type of crime), violence, general injury, and general injury (type 1) (a person subject to special sentencing) (determination of the recommended area and scope of recommended punishment): April to June: Imprisonment with labor;

(b) Crimes of assault [type of crime] Violence, Violence, General Violence (Type 1) [Special Sentencing Person] [Scope of Decision and Recommendations] Basic Area: Imprisonment with prison labor for two months to ten months

(c) April to two years and two months from the imprisonment with prison labor for the handling of multiple crimes (calculated by aggregating 1/2 and 1/3 of the maximum term of each crime of violence with respect to a long term, and less than less than below the month);

2. Determination of sentence;