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(영문) 서울중앙지방법원 2017.02.08 2016고단4684
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 14, 2015, the Defendant: (a) around 01:20 on the street behind the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government building, and (b) whether the victim C (3) who was walking ahead of the above building, without any justifiable reason, she is able to walk off the city expenses, she is placed with a cigarette, and if the victim gets away from the place, and she gets off with the victim’s arms, then she is well able to put the victim’s arms.

The term "" continued to be a trial expense.

Accordingly, the injured person was 3-4 times the back head and face of the injured person due to the drinking of the injured person by the defendant's hand, and the injured person was in excess of the injured person's body by putting him/her up and pushing him/her.

Where the victim, who continued to sit on a bridge, has a defect in reporting 112.”

The telephone "I am the victim's face at one time while drinking."

As a result, the defendant suffered injury to the victim, such as the opening of the left-hand body, which requires approximately 14 weeks of treatment.

2. The Defendant damaged property at the time and place indicated in paragraph 1, and at the same time and place, the 112 report was made on a mobile phone in order to make a request for rescue, and the victim’s market price was 90,000,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the field and ctv course

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

The victim is a disadvantageous condition. The victim is the case.

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