beta
(영문) 서울중앙지방법원 2018.03.22 2017고단7452

상해

Text

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

Reasons

Punishment of the crime

[criminal records] On March 10, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special intimidation at the Seoul Central District Court, and two months of imprisonment with prison labor for assault in the Suwon Gonwon Support on August 5, 2016, and completed the execution of each sentence in the Jeonju Prison on March 24, 2017.

around 21:25 on October 14, 2017, the Defendant, “2017 Highest 7452,” suffered an injury to the victim for treatment of days, such as the victim C (53 tax) who was sleeped in the Defendant’s side while divingd in the Han River No. 8 of Seoul Central District, Seoul Central District No. 416, which was located in the Han River No. 416, due to the Defendant’s head and face when the victim’s head and face were taken at a time when the victim’s face were taken, and the victim was faced with the victim’s entrance.

On February 1, 2018, the Defendant: (a) around 19:50 on February 1, 2018, the Defendant: (b) had the victim D (58 tax) under the influence of alcohol fluencing on the ground that the victim fluencings carried a meal with free food on 405 subway 1 Line Seoul Station 6-7 times in the entrance and exit from the Han River basin of 405 subway 1; and (c) caused the victim to go off about 5cm by dusting the victim’s face on the left part of the damaged; and (d) caused the victim’s injury that the victim could not know about the number of days of treatment by walking the victim’s face one time while drunking the victim’s face.

Summary of Evidence

"2017 Highest 7452"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report of investigation (a photographic photograph of the body of the victim);

1. Previous convictions: References about criminal history, investigation reports (Attachment to the previous rulings, court rulings, etc.), text of the rulings and summary information of the case, and current status of personal confinement "2018, 917";

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to a report on investigation (Attachment of photographs of injuries);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant for reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, even during the period of the same repeated crime.