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(영문) 서울남부지방법원 2014.06.17 2014고단1398

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:40 on April 9, 2014, the injured Defendant was punished by the victim B (year 42) and Si expenses on the front side of the Han Bank located in the center of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, on his/her own hand, and got the victim’s face due to his/her head, and put about about two weeks on the left side and the face of the victim in need of treatment.

2. A public performance and obscene act was publicly obscene by 2 police officers dispatched upon receipt of a report at the time and place specified in the preceding paragraph and 112, and 2 and unspecified visitors as indicated in the preceding paragraph and 3.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Photographss of the victim's upper part, diagnostic documents, and CCTV-fashions;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to statement of the days of medical treatment for victims);

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 245 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the maximum term of imprisonment as provided for in each judgment), among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The range of recommending sentence applicable only to the crimes of injury for which the sentencing criteria are set on the recommended sentencing criteria: General injury area (two to one year) mitigated (two-one year): Special multiple persons: since the sentencing criteria of non-permanent persons are concurrent crimes between the crimes of obscenity in which no sentencing criteria are set, the lower limit of the sentence range for the crimes of injury for which the sentencing criteria are set only on the basis of the lower limit shall apply; and

2. Determination of sentence: The defendant, six months of imprisonment and one year of suspended sentence, despite the fact that he/she had been punished for violent crimes 13 times, again commits the instant crime; the instant bodily injury crime was investigated by the police on April 9, 2014 by the suspicion that the defendant and the victim assaulted the other party on or around 07:40 occasions.