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(영문) 서울중앙지방법원 2014.07.17 2013고합1125

상해등

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

At around 16:50 on July 22, 2013, the Defendant used the victim C (age 54) face at the entrance of the parking lot in the Jung-gu Seoul, Jung-gu, Seoul, to drink without any justifiable reason when the victim C (age 54) faces the face at the entrance of the parking lot in the 122 Round, and used the victim D (age 58) to drink the victim's face and left part of the elbbbbel, while continuing to restrain it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act that are legally mitigated;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria;

(a) Insignificant bodily injury or mental or physical injury (not responsible for a person subject to special mitigation) in the area of special mitigation (one month to one year) of general bodily injury (in the case of a person subject to special mitigation).

(b) Where the degree of the assault (a person subject to special mitigation (a person subject to special mitigation) is minor, a person subject to mental disability (a person subject to no responsibility in person) of category 1 (general assault) or 8 (a person subject to special mitigation) is minor;

(c) Imprisonment with labor for at least one month, but not exceeding one year and four months (one-2 of the upper limit of the sentence of a crime of assault shall be added to the upper limit of the sentence of a crime of bodily injury which is a basic crime);

2. The Defendant, without any particular reason, injured two persons only solely on the ground that the sentence is bad.

The defendant has already been punished by imprisonment with prison labor for a crime similar to the crime of this case.