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(영문) 수원지방법원 2016.06.10 2015고단5700

상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Suwon District Court (around April 26, 2012, and completed the execution of the sentence around February 13, 2014.

[2015 Highest 5700 Defendant: (a) around 16:36 on October 28, 2015, at the main point of “D” located in Suwon-si, Suwon-si, and (b) on the ground that the victim took a bath to himself/herself while drinking alcohol together with the victim E (61 tax) who was a nasium, he/she saw b) on the ground that he/she took a bath to himself/herself; (c) on the ground that the victim took a bath, he/she took a bath to himself/herself; and (d) on the part of the head, he/she took two times the ma of the victim’s hair, and was unable to identify the victim’s treatment.

【2016 High Order 995】 On March 6, 2016, the Defendant, at the home of the Victim G (55 years old) located in Suwon-si F on March 6, 2016, was punished for a trial on the ground that the Defendant, while drinking alcohol together with the victim, was brought to the Defendant’s house, the Defendant was on the part of the victim’s body, and was removed, and then the Defendant was removed from the office before the victim was unable to identify the number of days of treatment.

Summary of Evidence

【2015 order 5700

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. The CCTV images, the closure photographs, the site, and the victim’s bodily injury each 【2016 Height 995】

1. Legal statement of witness G;

1. Statement concerning G in the police statement protocol;

1. Each video of the victim's body photographic 【Special Cases Concerning the Victim’s Death】

1. Description of a written reply to inquiries, such as criminal history;

1. Application of Acts and subordinate statutes in a report on investigation (the confirmation of the date of release, etc.);

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes of bodily injury to victims E / [type] The aggravated area [specific aggravated persons] of Type 1 (General Bodily Inflicting) of the General Bodi Injury, Dong type repeated crime / [the scope of recommended punishment] 6 months to 2 years of imprisonment;

(b) with respect to victims G.