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(영문) 서울서부지방법원 2017.09.22 2017고단1046

상해

Text

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

Reasons

Punishment of the crime

around 00:15 on November 24, 2016, the Defendant’s “E main point” located in Mapo-gu Seoul, Mapo-gu, Seoul; and the Victim F (333)’s day-to-day day-day day-to-day day-day day-to-day day-day day-to-day day-day day-off day-to-day day-off day

“The victim’s face is frightened with each other under paragraph, and the victim’s face is frightened on the floor by spreading it, and the victim’s face is frightened with approximately 10 weeks of treatment.

[Defendant and defense counsel asserts that the upper part of the victim's shoulder is not caused by assault by the defendant.

However, the victim has not received hospital treatment for two years immediately before the occurrence of the instant case.

On the other hand, when considering the victim's face photographs after the occurrence of the case, the defendant seems to have sold the left side of the victim's face, and the upper side of the right side of the victim's face is beyond the direct violence, and the victim's face faces.

In full view of these circumstances, it is determined that the defendant was injured by the right side of the victim in walking the victim's left face and the victim was faced with the right shoulder in the process.

Therefore, we cannot accept the above argument.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Investigative report (report on attachment of photographs at the time of presenting hospital for victims, clinic for medical treatment and assault);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. A punishment exceeding a fine is imposed in light of the following circumstances, Defendant’s age, sex, environment, circumstances after committing a crime, etc.: (a) the pertinent legal provision regarding criminal facts; (b) Article 257(1) of the Criminal Act regarding the selection of punishment; (c) the grounds for sentencing of punishment [the scope of recommendation] (the scope of general injury] general in the basic area (from April to January 1); (d) there is no person who has any special sentencing [a] (a judgment of sentence]; (e) the sentence is to be imposed in consideration of the following circumstances; and (e) the circumstances favorable to the punishment;