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(영문) 서울중앙지방법원 2017.03.27 2017고단366

상해

Text

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

Reasons

Punishment of the crime

On December 12, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Central District Court on December 12, 2014, and completed the execution of the sentence at the astronomical Prison on March 3, 2016.

1. On December 4, 2016, around 08:00 on December 4, 2016, the Defendant suffered injury to the Victim C, on the ground that, in front of the E Notification Office 329 from the third floor of the E Notification Office located in Yongsan-gu Seoul, the Defendant received a demand from the victim C (35 years old) who was the chief official of the E Notification Board (35 years old), who was suffering from the disturbance due to the state of drinking, the Defendant was on the part of the victim’s face, head, and chest.

Accordingly, the defendant, who was unable to know the treatment period, committed non-dive blood transfusions, etc.

2. On January 5, 2017, around 02:00, the Defendant injured the Victim F, at the crosswalk 1 in front of the exit 276 upper road of Dongjak-gu Seoul Metropolitan Government, 276 upper-level, the Defendant sent the Victim’s face one time to drinking without any particular reason while going through the intersection with the Victim F (60). The Defendant sent the Victim’s face one time to drinking without any particular reason, kid the Victim’s face, kid the Victim who defends against it, and kid the Victim into the floor, and kid the Victim’s face to drinking.

As a result, the defendant suffered from the victim about two weeks of treatment, such as gympium and gympium around the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of the victim;

1. A written diagnosis of injury inflicted on the victim;

1. Previous convictions: References to criminal history, investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes on the acceptance status of individuals;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommendation] set forth in Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendation] shall be increased by the aggravated area (6 months to 2 years) of the aggravated area (the scope of recommendation] of Article 37, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendation] of Article 2 of the same type of repeated crime [the aggravated area (6 months to 2 years of general injury] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes.