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(영문) 서울남부지방법원 2017.12.21 2017고단3462
상해등
Text

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

Reasons

Punishment of the crime

around 19:50 on April 21, 2017, the Defendant, “2017 Highest 3462,” suffered injury, such as the 28-day on the left-hand side of the 28-day pharm in Daegu District, Daegu District, etc., which requires treatment for about 28 days, on the front day of the E-ju market where the victim D (W, 43 years old) working in Guro-gu Seoul Metropolitan Government is the issue of payment of the drinking value with the victim.

around 22:10 on July 3, 2017, the Defendant, “2017 Highest 3539, the Defendant,” while drinking alcohol together with “G” located in Yeongdeungpo-gu Seoul Metropolitan Government, “H, south, 56 years of age) and the victim H, the Defendant, on the ground that the victim under the influence of alcohol would go against himself/herself. He/she, on the ground that the victim’s head is 500cc c/ her head, which is a dangerous object on the table, 500c/her head is cut one time, and continuously, the victim’s left part, which is a dangerous object, should be cut 6cc.

As a result, the defendant carried dangerous objects and carried them into the left part of the arms which could not be known to the victim.

Summary of Evidence

"2017 Highest 3462"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each injury diagnosis letter "2017 Highest 3539";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on site photographs and images of injuries;

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning facts constituting an offense;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Where the mitigated area (two months to one year), in the mitigated area (including special mitigation), the punishment is not imposed (including serious efforts to recover damage), or considerable damage has been restored to a part;

2. Crimes of special injury: Non-establishment of sentencing criteria;

3. Crimes for which the criteria for decision of sentence is set and unestablished crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

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