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(영문) 의정부지방법원 2017.09.26 2017고단2541

상해

Text

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

Reasons

Punishment of the crime

around 15:30 on May 21, 2017, the Defendant: (a) expressed that the victim D(58) parked on the street in the front of the Guri-si in Gyeonggi-do, would block the vehicle by body; and (b) expressed that “Nshe so, this arsen, Ear, Ear. . . . . . .” for about five minutes of the victim’s face, back head, and shouldered about 10 times for the victim’s face, back, and shouldered about 21 days, the Defendant expressed that the victim need to receive treatment for approximately 21 days.

The defendant and the victim D (58 tax) of "2017 Highest 2655" are adjoining relationships, and the defendant was born on May 21, 2017 and was investigated by the police on May 21, 2017.

On June 8, 2017, on the ground that the victim did not reach an agreement in relation to the above case in front of Gui-si Dai-si, around 20:55, the Defendant left the body of the victim in front of Gui-si and left the body of the victim in front of Gui-si, and left the face of the victim in excess of about 22 days due to drinking the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. CCTV video CDs and caps photographs, CCTV video images and other closure photographs, and brush images of the victim as soon as possible;

1. Application of Acts and subordinate statutes of Part II of the death diagnosis report and the injury diagnosis report;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is as follows: (a) this case is a crime committed in light of the following facts: (b) whether the defendant inflicted a previous injury on the ground that the defendant would inflict an injury upon the victim and would not cause the victim to reach an investigation by an investigative agency; and (c) whether the victim was aware of the previous injury on the ground that the victim would not reach an agreement; and (d) in light of the circumstances of the crime, the victim

In addition, the defendant committed violence and six times.

Considering these points, it is inevitable to strictly punish the accused.

However, it is against the defendant, and the victim.