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(영문) 서울중앙지방법원 2016.12.22 2016고단4639

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On June 1, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on August 27, 2016.

【Criminal Facts】

At around 22:00 on May 16, 2015, the Defendant inflicted injury on the victim, on the grounds that the victim E (56 years of age) would have repaid the victim’s face at “D” game room located in Nam-gu Incheon Metropolitan City, and that the victim E (56 years of age) would have repaid the victim’s face several times, including the victim’s chest part of the breast part of the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement of E and F;

1. Photographs at the time of damage;

1. A medical certificate;

1. Criminal records as indicated in the judgment: Application of an inquiry inquiry report, such as criminal records, amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes [the scope of recommendations given in the sentencing criteria] are not applicable to concurrent crimes under the latter part of Article 37 of the Criminal Act.

[Determination of sentence] In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, the sentence is determined as ordered.

The favorable circumstances: It shall be taken into account the equity in the case where the judgment has been rendered simultaneously with the case entered in the records of crime.

Unfavorable circumstances: The injury of the victim is not less severe, while there is no agreement between the victim and the victim yet.

In the previous years, the crime of this case has been committed without conviction, even though there was a record of being punished for the same violence crime.