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(영문) 서울동부지방법원 2018.12.13 2017고단2456
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 23, 2017, the Defendant was sentenced to five months of imprisonment with prison labor for an injury at the Seoul Northern District Court, and completed the execution of the sentence in the said prison on June 11, 2017.

1. Around July 17, 2017, around 20:45, the Defendant committed a crime against the victim H, entering a room where the victim H located in the el of 7th floor publicly notified by Gangdong-gu Seoul Metropolitan Government I, and intrudes on the victim’s residence, and without any justifiable reason, assaulted the victim’s face by going to board the victim’s body, driving the victim’s body, driving the victim’s body, and drinking the victim’s head.

2. On the same day as in the case of the crime against the victim J, the defendant assaulted the H and abandoned, and the victim J residing in the same floor heard the above H’s assault damage and sought the perpetrator, the victim J visited the defendant at the 7th floor K of the above I’s announcement, and the defendant Na and the defendant called the victim J by opening the door of the spho gur gushe, and the victim J’s face by hand several times, and the victim J’s face was sphod by hand, and the victim J was sphod by hand, and the victim J caused the injury, such as the failure of the number of days of treatment, etc.

Summary of Evidence

1. Each police statement made to H and J;

1. Photographss of the upper part of J trees;

1. Previous convictions in judgment: Application of inquiries about criminal history and the Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 260(1) of the Criminal Act (the point of assault), Article 257(1) of the Criminal Act (the point of harm) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Although the defendant had been subject to punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, he committed the instant crime during the period of repeated crimes despite the fact that he/she was subject to punishment for assault or bodily injury.

In addition, the sentencing conditions specified in pleadings, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered.

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