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(영문) 서울중앙지방법원 2013.09.12 2013고단4659

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 17, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. at the Seoul Central District Court, and on July 10, 201, on July 10, 201, the Defendant completed the execution of the sentence.

1. On July 22, 2013, at around 20:35, the Defendant: (a) committed assault against the Victim C on the alleyway located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government (the age of 76) that the Victim C (the age of 76) was under the influence of alcohol; (b) that the Defendant was “I am under the influence of alcohol; and (c) that the Defendant was “I am under the influence of alcohol, I am under the influence of alcohol”; and (d) that the Defendant was said to have expressed a desire to “I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am.

2. On July 22, 2013, around 20:35, the victim E (n, 70 years of age) deemed that the victim E (n, e, e, e, son) “Isperson to drinking,” and the Defendant who assaulted C as referred to in the above paragraph (1) was marier, thereby harming the victim, thereby leaving the victim’s body at the bottom of the so-called frame where the treatment period cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on investigation (related to attachment of a letter of opinion);

1. Victims C and E, each of the damage photographs;

1. Previous records of judgment: Criminal records, inquiry records, results of confinement of prisoners, and application of statutes of the judgment;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

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

1. Of concurrent crimes, the Defendant’s assertion as to the Defendant’s assertion is one of the following: (a) the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the punishment is aggravated as concurrent crimes with heavy injury; and (b) the maximum term of the above two crimes are added to the punishment for concurrent crimes; and (c) the Defendant, at the time of the instant crime, states that he was in a state of mental disorder or mental disorder, by stating that he was in a state of mental disorder