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(영문) 수원지방법원 안산지원 2017.11.09 2017고단2069
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a deceased person or customer, and the victim C (the age of 57) and the victim D (the age of 31) shall be a deceased person, a business owner and an employee.

1. In around 01:50 on April 29, 2017, the injured Defendant inflicted injury on the part of the injured Defendant D’s breast part of the victim D, due to the fact that the Defendant had been covered by the victim D, at the “F located in Sinh City E”, around April 29, 2017, on the ground that he had been in possession of the victim D, and caused the injury, such as dynasium, tensions, tensions, etc., to require approximately two weeks of treatment by drinking.

2. The Defendant injured the victim by assault committed an assault to force the assault at the time and place mentioned in the above paragraph (1) by hand against the victim C, who attached the Defendant, in order to restrain the assault, and the victim suffered injury, such as call lease, which requires treatment for about 35 days due to the shock, while going beyond the above assault.

Ultimately, the Defendant committed assault to the victim and sustained injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 257(1) of the Criminal Act, Articles 262, 260(1), 257(1), and 257(1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment for each sentence;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending] Class 1 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 50 where the area of mitigation (two months to one year and six months), in the area of mitigation (including efforts to recover damage), in the case where the punishment is not imposed (including efforts to compensate damage), or considerable damage has been restored, the second crime [the scope of recommending punishment] in the area of mitigation (two months to one year), in the area of punishment [the person subject to special mitigation] in the area of mitigation (including efforts to recover damage), or in the case where damage was restored to a considerable part, the scope of final sentence due to the aggravated punishment of multiple crimes: two months to two years [the sentence disadvantageous to the defendant] in the case of imprisonment with prison labor from Busan District Court on November 7, 2014.

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