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(영문) 서울서부지방법원 2018.04.13 2017고단4042

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant was sentenced to one year of imprisonment due to an injury, etc. by the Seoul Central District Court, and completed the execution of the sentence in the Ganpo Prison on June 1, 2017.

1. 『2017 고단 4042』 피고인은 2017. 10. 24. 00:40 경 서울 용산구 한강대로 401-2( 동자동) 노상에서 잠을 자고 있던 피해자 C(36 세) 이 술을 마시고 있던 피고인 등에게 시끄럽다면서 시비를 걸었다는 이유로 화가 나 피해자를 넘어뜨린 후 라이터를 움켜쥔 주먹으로 피해자의 얼굴을 수 회 때려 피해자에게 치료 일수 미상의 눈 부위가 찢어지고 붓는 등의 상해를 가하였다.

2. On November 11, 2017, the Defendant: (a) around 23:40 on November 23:40, 2017, the Defendant: (b) around 2017, the victim D (the 39-year-old age-old) who drinking alcohol together at the center of the underground passage of the Seoul East Station located in Jung-gu, Jung-gu, Seoul; (c) and (d) the son who was brued by his/her hand was broken up and carried out his/her hands over; and (d) the victim’s knife was laid down with his/her knife and throw away to another place; (d) the victim’s knife the knife with the knife of his/her left chest on three occasions;

E was dissatisfied with the Defendant E, and the Victim F (36 years old) was drinking by the victim F, and the victim F (36 years old) was blicked twice at the right face of the victim F.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Previous convictions as indicated in the judgment: References about criminal history and text of the judgment (1st page of the evidence of 2017 order 4042 order 15 pages of the evidence of 2017 order 4042);

1. Statement by the defendant in court;

1. The 2018 Highest 369 "the victim's photograph;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury) and Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

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 (within the scope of the sum of long-term punishments) of the aggravated concurrent crimes;

1. Class 1 Crimes [Scope of Recommendations] ordinary injuries.