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(영문) 서울남부지방법원 2016.12.21 2016고단335

상해

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant appealed for six months by having been sentenced to imprisonment with labor for forging private documents at the Seoul Western District Court, but was dismissed on February 5, 2016 and became final and conclusive on February 13, 2016.

At around 22:10 on January 6, 2015, the Defendant: (a) committed an injury to the victim’s head on two occasions due to drinking alcohol; (b) the head of the victim was walking twice again; (c) the head was walking twice again; and (d) the head was walking twice again; and (d) the head was frighted by drinking alcohol twice, the number of days of treatment could not be known to the victim; and (d) the victim was injured by the 9th head of the left part where the number of days of treatment could not be known to the victim.

Summary of Evidence

1. Each legal statement of witness E, F, and D;

1. Statement of each police statement of F, D, and E;

1. Copies of medical records; and

1. Previous records: Criminal records, case search (related to the date of confirmation) and application of respective statutes of a judgment;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. In the case of concurrent crimes, not only committed the instant crime but also committed a serious damage in the detention of the prison for reasons of sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act.

There are several kinds of criminal records for the accused.

The defendant does not oppose the mistake while denying the crime.

However, the fact that the victim deposited 1.5 million won for the victim shall be considered as favorable circumstances.

In this context, the defendant's age, character and conduct, family environment, background of the crime, and circumstances after the crime shall be determined as per the order.