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(영문) 서울서부지방법원 2016.10.18 2016고단1183
상해
Text

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

Reasons

Punishment of the crime

At around 05:00 on December 5, 2015, the Defendant misunderstood that the victim E (n, 20 years of age) was d'D' in Mapo-gu Seoul Metropolitan Government’s alcohol in the Defendant’s chair, and caused the victim’s face and part of the arms to suffer an injury on the treatment day by misunderstanding that the victim E (n, 20 years of age) was d'ting the Defendant’s alcohol into the Defendant’s chair.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the victim E-damage photograph Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. General injury, general injury, and basic areas of recommended range: Imprisonment with prison labor for not less than four months nor more than one year and six months;

2. A sentence shall be determined within the scope of the recommended sentence, considering the circumstances favorable to the defendant, such as the fact that the defendant, who was sentenced to imprisonment for the same kind of crime, was sentenced to imprisonment for six months on April 17, 2015, and re-offendered despite the fact that he/she was under the suspended sentence for two years on the grounds of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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