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(영문) 서울동부지방법원 2018.02.09 2017고단3912
상해
Text

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

Reasons

Punishment of the crime

[criminal records] On October 14, 2016, the Defendant was sentenced to 10 months of imprisonment by obstructing business operations at the Seoul Eastern District Court, and completed the execution of the sentence in Seoul Southern Prison on January 10, 2017.

[2] On September 23, 2017, the Defendant: (a) around 12:30 on September 23, 2017, the Defendant: (b) around the Songpa-gu Seoul Macheon-ro 57 subways 7:5, Macheon-ro 7:00, 57 subways 5; (c) had the victim C (71 tax)’s rear face on drinking without justifiable grounds when drinking three times; (d) had the victim’s face on one occasion, and had the victim undergo an inspection on the part of the number of days of treatment.

around 15:20 on December 7, 2017, the Defendant: (a) assaulted the victim’s D (57 aged) 103-216 on the street in Songpa-gu Seoul, Songpa-gu, Seoul; (b) 104 on the street; (c) bread the breath of the victim D (57 older) where he was under the influence of alcohol; and (d) bread the breath of the 14-day medical treatment for about 14 days.

Summary of Evidence

1. The defendant's oral statement "2017 Highest 3912";

1. Statement made by the police against C;

1. Photographs "2017 Highest 4,103";

1. Each police statement made to D or E;

1. Photographs of the victim;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Article 257 (1) of the Criminal Act and Article 257 of the Criminal Act concerning facts constituting an offense, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In the event that: (a) minor injury (including any effort made to recover damage) or considerable part of injury in the mitigation area (two months to one year), minor injury (including any injury (including any injury that has been caused) in the mitigation area) in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) minor repeated crimes (the scope of a recommendation) in the first sentence of Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes; and (c) minor injury (including any injury that has been caused by special mitigation) in the mitigation area (two months to one year); (d) minor injury (including any injury that has been caused by recovery of damage) or damage has been restored to an unspecified or a large number of victims; and (e) the same repeated crime No. 2 of the same repeated crimes [the scope of a recommendation] in the aggravated area (six months to two years) of general injury (special mitigation).

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