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(영문) 서울중앙지방법원 2016.09.28 2016고단4995

상해

Text

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

Reasons

Punishment of the crime

On February 22, 2016, the Defendant: (a) around 00:49 around February 22, 2016, around the Seocho-gu Seoul Metropolitan Government Hun-ro 99 bus stops, and (b) caused the victim’s face on several occasions before the bus stops, with approximately 42 days of medical treatment, and inflicted injury on the victim, such as the removal of the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Photographs (list 2 of evidence);

1. The application of an injury diagnosis certificate (No. 10 in the list of evidence) statute;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act (Selection of Imprisonment with prison labor) concerning the reasons for sentencing;

1. The basic area (from April to one year and six months) of the sentencing criteria [the scope of recommended punishment] general injury (the person who is subject to special sentencing]; and

2. There is no particular measure to recover damage, even though the degree of injury upon the sentence is serious.

On the road of the defendant, the victim was assaulted first, and there is no reason to consider the motive for the crime.

Other conditions of sentencing, such as the age, sex, environment, previous conviction, etc. of the accused, shall be considered, and the punishment shall be determined as ordered within the scope of the above sentencing criteria.