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(영문) 서울중앙지방법원 2017.11.27 2016고단3293
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[2016 Highest 3293] On May 5, 2016, the Defendant, at around 18:50, inflicted an injury on the victim D (57 years of age) who had driven a friend and tobacco in front of the C coffee shop located in Gangnam-gu Seoul, Seoul, on the ground that friends tobacco and friends were put on a friend, thereby taking the victim’s face at one time at one time on the victim’s face, thereby taking about about 5 days of treatment.

[2016 Highest 7080] On July 17, 2016, the Defendant, while under the influence of alcohol around 00:05 on July 17, 2016, brought about an injury to the victim G (34 years of age) due to the victim’s head knife and knife the victim’s knife, after drinking the victim’s head knife, knife the victim’s knife, and knife the victim’s face. As a result, the Defendant, while walking the victim’s body, inflicted an injury, such as a flifeing of a non-pelel, requiring approximately three weeks of medical treatment.

Summary of Evidence

[2016 Highest 3293]

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury (2016 high group 7080);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (G);

1. Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The scope of final sentencing pursuant to Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] General / [the scope of recommending punishment] the mitigated area (2 months to 1 year), Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] Article 2 of the Act on the Aggravated Punishment of Minor Injury (2016 Highest 70), Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of punishment imposed by a special sentencing person] Article 4-2 of April or 2 of the Act on the Aggravated Punishment of Specific Crimes, comprehensively taking into account the defendant's age, sex, family relation, motive and condition of the crime, as well as various circumstances after the sentencing guidelines.

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