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(영문) 서울중앙지방법원 2015.05.07 2015고단1287

상해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 1, 2015, the Defendant: (a) around 04:30, at the “D” restaurant located in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government on the ground that the restaurant employee was late from the victim E (23 years old); (b) was the victim’s happiness and the trial room; (c) made the victim’s snow part of the victim’s left-hand eye one time in drinking; and (d) took the head of the victim F (24 years old) who is the victim’s main in a cooling house located next to the restaurant in Seocho-gu, Seoul; and (d) took the head of the victim’s F (24 years old) who is the victim’s main in which the victim’s disease was taken care of the victim E (23 years old); and (d) put the victim’s body in need of two weeks of treatment.

Accordingly, the defendant injured the victim E, and carried with the beer disease, which is a dangerous object, and inflicted an injury on the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. E statements;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of injury: Article 257 (1) of the Criminal Act (Selection of Imprisonment or imprisonment);

(b) Possession of dangerous articles: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up organs);

1. The scope of the final sentence due to the aggravation of multiple bodily injuries [the scope of the recommending punishment] the aggravated area (6-2 years-2 years-2) of the type 1 of the general injury (the scope of the recommending punishment] and the aggravated area (6-2 years-2 years-2 years-2] of the first type of the injury (the general injury) (the scope of the recommending punishment] under Article 53 and Article 55(1)3 of the Criminal Act for the reason of sentencing under Article 55(1)3 of the Act on Discretionary Mitigation. The crime of this case was committed in two to five years-5 years [the sentenced sentence] in light of the specific means and details of the crime, the injury of the victims, and the degree and degree of the injury to the victims, on the other hand, the damage to the victims has not yet been recovered.