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(영문) 서울남부지방법원 2016.03.30 2015고단5293
상해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 16, 2015, around 01:02, the Defendant: (a) committed an assault, such as breathing a breath, breathing a son’s breath, which was written on the roadside by the victim, on the ground that the victim D (at the age of 28) who she she was she was unable to return home; (b) the victim’s her breath, who was hered from the victim’s her buck; and (c) her breathing the breath, which was written on the roadside floor due to the shock; and (d)

As a result, the defendant suffered damage to the character of the head part of other head, which requires three weeks' treatment, and caused it to be sprinked by the victim.

2. On November 16, 2015, the Defendant was parked in front of the “C” drinking house located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul around November 16, 2015, after assaulting the victim as set forth in the above 1.1.

E-motor vehicles, being towed by the victim's breath, began with being on board the vehicle by force.

The Defendant, around the same day, around 01:15, sent approximately 4 km to “G hospital” located in Seoul F, and prevented the victim from getting off from approximately 11 minutes.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 276(1) of the Criminal Act (the point of confinement) and the choice of imprisonment, respectively, for the crime;

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. Where the victim is released to a safe place for the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution of sentence, on the ground of the first type of crime (crimes) [the scope of recommending punishment] in the area of mitigation (two to one year) of the general injury [the person who has been specially mitigated] [the scope of recommending punishment] the second type of crime (Arrest, confinement, abandonment, abuse] in the area of mitigation of punishment [the scope of recommending punishment] in the area of special mitigation [one month to eight months] in the area of special mitigation [the person who has been specially mitigated] in cases where the victim is released to a safe place, the scope of final sentence according to the increase of the number of non-members of punishment: February to April 4 [the decision of sentence] in cases where the defendant committed a crime immediately after the defendant committed the crime.

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