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(영문) 춘천지방법원 2018.01.11 2017고단685
상해등
Text

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

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

Reasons

Punishment of the crime

1. [2017 Highest 685] On March 31, 2017, around 02:25, the Defendant: (a) around D main points in the operation of the Victim C (27 tax) in Chuncheon-si B; (b) on the ground that the Victim C faces with another customer E and his body, the Victim C fights on his face and body; and (c) on the ground that the Victim C’s removal from this, the Defendant took one-time face and clothes of the Victim C in drinking and one-time care for about two weeks.

2. [Attachment 2017 Highest 1221] On July 28, 2017, the Defendant, at the entrance of the G main building in Suwon-si F on July 28, 2017, at the end of the dispute with the victim H (44 tax) at one time, placed the victim’s head at one time, and at the end of the dispute with the victim H (44 tax), placed the victim’s left side in the instant parking lot in the second place of the building in the second place, on the other hand, on the other hand, on the other hand, the Defendant satisfyed the victim’s satisfy, requiring approximately three weeks of medical treatment.

Summary of Evidence

[2017 Highest 685]

1. Statement by the defendant in court;

1. Each statement of I, J, K, C, and E;

1. A report on the arrest of the occurrence of the case, the dispatch report to the scene of the violent incident, relevant photographs, video CDs, medical certificates [the highest order 1221];

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes governing CCTVs and CCTV image CDs to the victim H by cutting down his/her photo, diagnostic report, CCTV-cape in the course of committing a crime, by cutting down the CCTV on the victim H;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Sentencing criteria;

(a) Offenses Nos. 1 and 2: In the mitigated area (two months-one year-one year-one year-one year-one year), each offence of bodily injury (the scope of recommended punishment) is not punishable;

(c) The scope of final sentence due to the aggravation of multiple offenses: two months to one year and six months; and

2. Determination of sentence, taking into account the circumstances following the determination of sentence, the age, occupation, sex, and circumstances before and after the commission of the crime, and the conditions of sentencing as shown in the records, shall be determined as ordered.

Unfavorable circumstances: A violent crime is committed repeatedly under the influence of alcohol.

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