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(영문) 서울북부지방법원 2018.08.23 2018고단573
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the victim E (the female, 52 years old) and the married couple, and is the female relationship with the victim F (the female, 24 years old).

1. From December 23, 2017, around 22:00 on December 23, 2017, the Defendant, who committed the crime against the victim E, sent the victim’s face to drinking together during the process of withdrawing cash from the passbook without the victim E in Dongdaemun-gu Seoul Metropolitan Government.

As a result, the Defendant inflicted an injury on the number of days of treatment, such as getting the victim out of the body of the victim and getting the victim out of the body of the victim.

2. The Defendant committed the crime against the Victim F when and at the same time and place as set forth in paragraph 1, the Defendant prevented the victim from committing the above crime, and when the victim’s head debt was taken and the victim’s face was taken on drinking.

As a result, the Defendant inflicted an injury on the number of days of treatment, such as getting the victim to avoid the victim's nose and leaving the victim's face injured.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the Acts and subordinate statutes to the photographs of the victims on their upper parts;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from April to one year and six months) of the sentencing criteria [the scope of recommended punishment] general injury (the person who is subject to special sentencing]; and

2. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of assault against the defendant's spouse and child do not seem to be minor, but the defendant appears to recognize and reflect the crime; the victim E does not want to be punished; the victim E deposits part of the compensation for damage to the victim F; the victim has no record of punishment exceeding the fine; and the defendant's age, occupation, sex, family relationship, etc. shall be determined as ordered by taking into account the following factors:

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