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(영문) 서울중앙지방법원 2018.03.30 2017고합1297

중상해등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2017, around 00:50 on October 23, 2017, the injured defendant against the victim D asked the victim D (34 tax)'s new fingers of the victim D (34 tax) who assaults G to “F” at the main point of “F” located on the 1st basement of Gangnam-gu Seoul Gangnam-gu Seoul E underground, thereby opening the victim’s body, opening the victim’s disease, and cutting off the victim’s body on the left side, which requires approximately 12 weeks medical treatment.

2. The Defendant, at the time and place indicated in the above paragraph 1. The victim H, was asked to the victim H (33 tax) who opened the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement prepared by G;

1. CCTV recording CDs;

1. The parts and degree of each injury in its judgment: the application of the victim's photographic part of each injury in the victim D, each injury diagnosis certificate (the investigation record 68, 71 pages), and the Acts and subordinate statutes governing the records;

1. Relevant Article of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, or the punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of injury to carry dangerous articles);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: June - July;

2. The sentencing criteria are not set because special injuries, referring to the sentencing criteria, so the sentencing criteria cannot be applied as they are, but the following sentencing criteria are appropriate for the injury crimes for which the sentencing criteria are set.