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(영문) 서울중앙지방법원 2015.11.19 2014고단1054
상해
Text

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

Reasons

Punishment of the crime

On June 8, 2012, around 17:10 on June 8, 2012, the Defendant listened to the victim E who completed the marriage report at his own house in Gwanak-gu, Seoul Special Metropolitan City DB01, and the victim E, who was aware of the fact that he would return to her home on October 2011, followed the victim’s body body frightened by drinking, and frighted the victim’s body frightened by drinking, and frightened the victim’s body fright to walk at several times, so that the victim needs to receive treatment for about 20 days.

Summary of Evidence

1. Legal statement of witness E, F and G;

1. Statement of the police statement of E;

1. Photographss of victims and photographs of damaged parts;

1. A written diagnosis of injury;

1. The fact-finding inquiry report (as of February 16, 2015) (the defendant and his defense counsel only told the victim suffering from self-harm at the time of the instant case, and there is no violence, and the victim's statement that conforms to the facts charged is suffering from stimulative disorder, etc., in light of the fact that the victim reported the victim immediately after the instant case to 112, and consistently stated the facts that the victim was assaulted up to this court, and the F (the victim's refer to the victim) and G (the police officer) stated that the victim was assaulted, and it is difficult to view the victim's form of injury as a wife due to self-harm. In full view of the above, the application of the law can be sufficiently recognized as having inflicted the victim's injury as stated in its reasoning).

1. Article 257(1) of the Criminal Code of the relevant criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommendation] general injury (the scope of general injury] is the circumstance favorable to the defendant that there is no basic area (4 to 1 year and 6 months) [the special person] [the circumstances considered] that the degree of injury suffered by the victim is not less than 20 days of treatment days, which is favorable to the defendant.

However, despite the fact that the defendant has been sentenced to 15 times of fine by violence, the defendant repeats the same act of crime again, and does not make every effort to recover damage.

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