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(영문) 서울남부지방법원 2017.03.31 2016고단5304
상해등
Text

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

Reasons

Criminal facts

[2016 Highest 5304]

1. Violence;

A. On August 26, 2016, at around 18:20 on August 26, 2016, the Defendant assaulted the victim when the victim was fluorly on the part of the head of the victim, on the ground that the victim was fluencing the fact that the victim was drinking with another table guest in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

B. On September 5, 2016, the Defendant, at around 20:00, assaulted the victim by taking the face of the victim’s right without any reason under the influence of alcohol in E.

2. In around 13:05 on September 15, 2016, the Defendant: (a) had the victim’s left face under the influence of alcohol in the above E; (b) had the victim taken the face of the victim’s left face without any reason; and (c) had the victim left face of the number of days of treatment.

[2016 Highest 6402] The Defendant did not drink the Defendant’s high-priced drinking in the above E around December 4, 2016, and in the above E, the Defendant did not drink the Defendant.

불만을 표한 것에 대하여 언짢게 생각하던 중, 술값 지급 문제로 시비를 벌이다가 위 E 내 화장실 옆에 있는 맥주 상자에서 빈 맥주병을 꺼내

In other words, the victim was the head of the victim.

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

[2016 Highest 5304]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement of D;

1. Photographs (2016 Height 6402);

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Written opinion regarding D;

1. Application of Acts and subordinate statutes to victim and field photographs;

1. Relevant provisions of the Criminal Act and Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 257(1) of the Criminal Act (the point of injury, the choice of punishment by imprisonment), Articles 261 and 260(1) of the Criminal Act (the point of special violence, the choice of punishment by imprisonment) concerning the crime;

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

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1) Crimes 1 (Special Violence, Basic Crimes) / [Scope of Recommendation] Crimes 6 types (Special Assaults for Habitual Offense) of 6 (Special Assaults for Habitual Assaults) Case Act, the basic area of 6 ( June to October).

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