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(영문) 수원지방법원 성남지원 2016.01.11 2015고단2678
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. On July 12, 2013, Defendant A was sentenced to eight months of imprisonment with prison labor for the crime of extortion, etc. at the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Defendant, and on August 8, 2014, Defendant A completed the execution of the sentence at the first school branch of the North Korean branch of the North Korean branch of the North Korean branch.

On October 3, 2015, the Defendant: (a) after gathering “E” in Seongbuk-gu, Sungnam-gu, Sungnam-gu; (b) had a verbal dispute with the victim B (23 tax) on October 3, 2015; (c) had a fire extinguisher around the victim; (d) had a victim’s flab; (c) had a victim’s flab; (d) had a flab around the victim’s flab; and (e) had a flab face; (e) had the victim’s flab; (e) had the victim’s flab; (e) had the victim’s face; and

In order to protect the victim by assaulting the victim, such as throwing the victim of plastic booms, the victim suffered bodily injury, such as a 8-day therapy, and the victim suffered bodily injury.

2. Defendant B was sentenced to imprisonment with labor for a crime of violating the Act on the Protection of Juveniles against Sexual Abuse (Rape, etc.) at the Seoul High Court on June 14, 2013, and on June 22, 2013, and the probation period became final and conclusive on June 22, 2013.

The Defendant collected fire extinguishers, which is a dangerous object in the vicinity of the Defendant, and assaulted the victim, at the time, place, and the victim A (23) at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement made by the police against Defendant B;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verification of the period of repeated offense and attachment of judgment);

1. Relevant legal provisions and the choice of punishment against the crime – Defendant A: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 261 and Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act;

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

1. The grounds (the scope of recommended punishment) for sentencing in Articles 70(1) and 69(2) of the Criminal Act (the grounds for sentencing in Articles 70(1) and 69(2) of the Criminal Act) of the Trade Union and Labor Relations Commission (the scope of recommended punishment) and the general injury.

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