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(영문) 서울북부지방법원 2017.06.14 2017고단5

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2016. 11. 13. 12:30 경 서울 동대문구 약령시로 21길 29 서울 동대문 경찰서 민원 대기실에서 피해자 C(39 세) 과 눈이 마주치자, “ 뭐 ”라고 하였고, 피해자가 " 뭘 쳐다봐 "라고 하자, " 너도 쳐다봤잖아

"In the course of coming to and going to one another, the victim's left face was expressed in the victim's face 14 days, and the victim was expressed in the face that requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Minor injury (1, 4 types) in the mitigated area (2 months to one year) (2 months to one year) of the mitigated area, the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) general injury;

3. The fact that the degree of injury suffered by the victim who was sentenced to the sentence is not serious is favorable.

On the other hand, the crime was committed again during the suspended execution period due to the same crime, the intention to recover the damage is not visible, and the crime was committed by assaulting the victim without any reason in the waiting room of the police station, and the crime was not bad.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.