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(영문) 서울중앙지방법원 2017.11.16 2017고단6020

상해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 11, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Gyeyang Branch of the District Court on September 11, 2013, and the said judgment became final and conclusive on January 14, 2014, and completed the execution of the said sentence in a governmental prison on March 13, 2015.

1. On May 9, 2017, at around 03:10 on May 9, 2017, the Defendant: (a) found the victim E (n, 23 years of age) who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

Accordingly, the defendant concealed the victim's property.

2. 상해 피고인은 2017. 5. 9. 03:30 경 서울 중구 다산로 269에 있는 광희 초등학교 앞길에서 피해 자가 경찰이 오기 전에 도망가지 말라며 계속 따라오자 화가 나 주먹으로 피해자의 얼굴을 수 회 때리고, 발로 피해자의 몸 부위를 수회 걷어찼다.

As a result, the defendant suffered injury to the victim, such as external wounds on the left-hand side, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. E statements;

1. Police seizure records;

1. Each investigation report (the No. 13, 14, 15, and 17 of the evidence list), and internal investigation report (the No. 3 of the evidence list);

1. Previous convictions: Inquiry into criminal history, reporting on criminal investigations, application of Acts and subordinate statutes to the status of prisoners;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 257 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Crimes No. 1 in the sentencing guidelines (the scope of recommendations) (the scope of general injuries) shall be the basic area ( April to June).