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(영문) 서울동부지방법원 2014.05.29 2014고단659

상해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On February 7, 2014, at around 17:30, the injured Defendant inflicted injury on the victim in light of the victim’s face, such as 2 and 3 times at the victim’s face, and the victim’s head knife and knife, etc., for about 14 days at the victim’s “D restaurant” operated by the victim C in Gangdong-gu Seoul Metropolitan Government.

2. The Defendant, at the above date and place of the assault, committed assault to the victim with the wheels who had the face of the victim E in the above restaurant parking manager at the above restaurant, five times, and the victim was quih to the left hand of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;

1. Article 257 (1) and Article 260 (1) of the Criminal Act applicable 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. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of sentence recommended according to the sentencing guidelines (determination of types), violent crimes, general injury (general injury) (determination of the recommended area) basic area [the scope of sentence to recommend] April to 1 year and six months [the scope of sentence to recommend according to the criteria for handling multiple crimes] April to 1 year, April to 11 months;

2. In light of the fact that the defendant was punished several times for the same kind of crime, in spite of the fact that the defendant committed the crime of this case, etc., and even though there was no agreement with the victims, it is necessary to strictly punish the defendant. However, considering the fact that the victim's degree of damage is not much serious, the defendant's age, character and behavior, occupation, intelligence and environment, motive and circumstance of the crime, method and method of the crime, and other circumstances revealed in the arguments after the crime shall be comprehensively taken into account.