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(영문) 서울동부지방법원 2014.08.28 2014고단1904

상해등

Text

A defendant shall be punished by imprisonment for one and half years.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2014, at the defendant's house of Gangdong-gu Seoul Metropolitan Government CB01 on May 23 and 2010, the defendant divided into D (54 years of age) with the victim D (54 years of age) who performed drinking together under the influence of alcohol. By drinking, the victim D (5 years of age), who has continuously heard the victim D's snow part of the victim D with the main stairs before the house, continuously sees the victim E (19 centimeters of the kitchen length) with the victim's sound wraped with the above D, and she went into the house when the victim E (5 years of age) who continued to wraped with the victim E, and prevented the victim from doing so with the above kitchen, and the victim's left part of the victim E who was unable to know about the number of days left part of the treatment, was unable to know, and the victim was unable to know about the number of days left part of the treatment.

Accordingly, the defendant injured the victim D and inflicted an injury on the victim E with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Statement of D police statement;

1. Police seizure records;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs, kitchen photographs, portrait photographs, and field photographs;

1. Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the sentence recommended according to the sentencing guidelines (determination of types), violent crimes. Special injury [Determination of the recommended area] mitigated area [Scope of sentence for recommendation] from 1 year and 6 months to 2 years and 6 months [Scope of sentence for recommendation according to the criteria for handling multiple crimes] 1 year and 6 months to 3 years;

2. The fact that the defendant is led to confession and reflects the sentence, and is punished for the same offense, or exceeds the fine; and