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(영문) 서울북부지방법원 2016.10.13 2016고단3461

상해

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. by the Seoul Northern District Court, and on May 28, 2016, the Defendant completed the execution of the sentence in Seongdong-gu District Court.

On August 16, 2016, around 05:50 on August 16, 2016, the Defendant: (a) requested a victim E (the victim E (the victim is 25 years of age) to provide tobacco in front of the D convenience store in Jung-gu Seoul Metropolitan Government; (b) made a mutual conflict with the victim on the ground that the victim was his age; and (c) made the victim’s female job offers victim F (the victim is 24 years of age); and (d) made the victim’s child offers victim F (the victim is 24 years of age) to do so, and subsequently put the victim into a vision.

The Defendant, in drinking, caused the victim E’s face to tear the left part of the eye, cut the bones, and took the face of the victim F two times in drinking.

As such, the Defendant inflicted each injury on the victim E, such as a non-alley franchisium, which requires approximately four weeks of treatment, and the victim F, including the right side part, the co-ordin part, and the co-ordin part part, for three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police interrogation protocol regarding E;

1. Statement made to the police officer with F;

1. Each injury diagnosis letter;

1. Each image of a damaged photograph;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the period for repeated crimes);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant committed the same crime during the period of repeated crimes, and did not compensate for the damage.

The punishment shall be determined for the same reason.