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(영문) 서울동부지방법원 2014.11.27 2014고단2905

상해

Text

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

except that 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

1. Around July 1, 2014, at around 09:30 on July 1, 2014, the Defendant: (a) while drinking alcohol in the corridor of the victim D 2nd floor in Gwangjin-gu Seoul Special Metropolitan City, the Defendant inflicted an injury on the victim C, who was resisted by the Defendant, such as an electric shocking blood that requires approximately two weeks of treatment on the victim’s face and body.

2. The Defendant committed assault against the victim E, at the same time and place as set forth in paragraph (1), committed an injury to the victim E (the age of 76) by treating the face of the victim E (the age of 76) who was frightening the Defendant’s assaulting at drinking for about four weeks, resulting in the victim’s injury, such as light sewage and sewage, without any open address for four weeks.

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 to on-site and damaged photographs, and written diagnosis of injury;

1. Article 257 (1) of the Criminal Act applicable to the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended according to the sentencing guidelines (determination of types), violent crimes. General injury [Determination of the recommended area] mitigated area (the scope of sentence to which recommendations are not made), two months to one year [the scope of sentence to which recommendations are made according to the guidelines for handling multiple crimes] February to January 2 to June 1;

2. When considering the fact that the nature of the crime of this case committed by the two elderly persons who have been under influence of the decision of sentence was not somewhat weak, etc., the punishment of the defendant should be strictly imposed. However, the punishment as ordered shall be determined by taking into account all the circumstances shown in the arguments, such as the confession and rebuttal of the defendant, the primary crime, the fact that the defendant is the first offender, the fact that he is the victim, the fact that he was agreed with the victims, the defendant's age, character and conduct, occupation, occupation, intelligence and environment, motive and circumstance of the crime, the means and method of the crime