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(영문) 서울중앙지방법원 2014.06.11 2014고단2505

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 19, 2013, the Defendant was sentenced to two months of imprisonment with prison labor for the crime of intrusion upon a structure at the Seoul Western District Court on February 19, 2013, and completed the execution of the sentence at the Seoul Southern District Court on March 18, 2013.

【Criminal Facts】

On February 16, 2014, at around 21:20, the Defendant was in possession of a set in the Seoul Central District C Center located in the unification of Jung-gu Seoul, Jung-gu, Seoul, and the Defendant confirmed the Defendant’s door to the effect that the victim D (the aged 52) who was an old person who used the set at the same location would have lost the set at the same time and that the Defendant would have lost the check once.

Therefore, when the defendant has taken twice the face of the victim's face in drinking, the defendant saw the victim over the floor, and saw the victim's face in drinking, despite the restraint of the people in the surrounding areas, the defendant suffered bodily injury, such as protruding the victim's face, by drinking again, and driving the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of the injured part of the victim;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to previous records and written judgments, etc.), personal records, and application of Acts and subordinate statutes concerning confinement;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. One year from two months to one year (a group of violent crimes, a type of general injury, and a mitigated area) of imprisonment within the scope of recommendations according to the sentencing criteria;

2.The decision of the court below shall be made in consideration of the scope of the above recommendations and the following circumstances:

The circumstances that the defendant committed the crime of this case during the period of repeated crime as well as several times the records of punishment for the same crime (Assault, etc.) and favorable circumstances that the defendant committed the crime of this case: The defendant reflects his/her mistake, the degree of injury of the victim is relatively minor, and the victim behind the bank without the consent of the defendant.