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(영문) 부산지방법원 2016.06.16 2016고단1002
상해
Text

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

Reasons

Punishment of the crime

1. On January 29, 2016, the Defendant inflicted an injury on the victim E (the remaining and 25 years old) in the front corridor of the Busan Shipping Daegu C2nd floor D Service Center on the ground that the Defendant was able to take care of the victim, and assaulting the victim, such as having frightened his breath, having boomed both arms, and cutting down both arms, etc., which requires treatment for about 56 days on the left 56 days on the part of the victim.

2. At around 18:20 on the same day, the Defendant: (a) committed assault to the victim, such as assaulting the victim’s face once a week from the G Service Center located in F of Busan, on the ground that the injured person demanded medical treatment of the hospital; (b) her escape go beyond the floor following the victim; and (c) taking the victim’s face from the victim’s face on the part of the victim; and (d) taking the head back on the floor, her head on the floor, thereby causing injury to the victim, such as an open copic, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A investigation report (G CCTVs verification and investigation report);

D. Ascertainment of CCTVs for Services, Application of Investigation Reports (Abstinence of Suspect E) Acts and subordinate statutes

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

1. The sentencing scope of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) 1 of the Act on the Aggravated Punishment of Concurrent Crimes shall be determined in consideration of the following: (a) a type 1 of general injury (the scope of recommendation) in the aggravated area (six months to two years) [the scope of recommendation] of the serious injury (the person subject to special aggravated punishment) [the scope of recommendation] of the basic area (4 months to one year and six months] of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) the degree of injury suffered by the victim of the decision on the punishment of six months to nine months; (c) no measures to recover damage was taken; and (d) the victim’s severe punishment was expressed.

These circumstances and criminal punishment against the defendant have no power.

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