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(영문) 인천지방법원 2014.09.30 2013고단7498
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 02:20 on October 2, 2013, the injured Defendant discovered the victim B (the age of 35) (the age of 277-7) who was a delivery of Ortobab on the south-dong, Nam-gu, Incheon, Nam-gu, Incheon, and found the victim’s face at one time on drinking, without any justifiable reason, and the victim gets off from Orabab, "I Do Do Do h" and "I Do h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

2. Around 03:00 on October 2, 2013, the Defendant discovered the victim C (years 31) who was under investigation in another place at the same time, and assaulted the victim’s clothes at one time, without any reason, to walk the victim’s clothes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B and C;

1. Application of the Acts and subordinate statutes on medical certificates of injury and photographs of damaged parts;

1. Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Application of the sentencing criteria;

(a) The basic area of the crime of bodily injury (type of crime), violence, general injury, and general injury (type 1) (a person subject to special sentencing) (determination of the recommended area and scope of recommended punishment): April to June: Imprisonment with labor;

(b) Crimes of assault [type of crime] Violence, Violence, General Violence (Type 1) [Special Sentencing Person] [Scope of Decision and Recommendations] Basic Area: Imprisonment with prison labor for two months to ten months

(c) From April to November of imprisonment with prison labor for dealing with multiple crimes (calculated by summing up one-half of the maximum term of assault and assault against organs);

2. The defendant who was sentenced to the sentence did not have the record of being sentenced to that case, but is not suitable to the circumstances of the crime, and the victim of the injury.

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