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(영문) 수원지방법원 2015.04.01 2014고단6440
상해
Text

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

Reasons

Punishment of the crime

On October 23, 2014, at around 22:50, the Defendant: (a) around 22:50, at the same time, 107 Man-si, a pair apartment 701 (the age of 16) behind the 701, the second part of the Hannam Village, (b) the victim C (the age of 16) was spiting down the floor on the floor, spiting the head of the victim C; (c) the victim D (the age of 15) spits the Defendant’s body, and spit the victim D (the age of 15) spacks the face of the victim D on the ground that the victim E (the age of 16) spacks the face of the victim due to drinking and fele, etc. after walking the back of the victim D once.

As a result, the Defendant committed the injury to the victim C and D, each of which requires approximately two weeks of treatment, and the injury to the victim E, such as a ductation of a duct for about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol of C, D, and E to each police interrogation protocol;

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: Serious injury: A person who has an aggravated area (referring to six months to two years) of injury (determination of types of injury), a group of violent crimes-general injury (determination of the recommended area and the scope of recommendation): a serious injury;

(b) Class 1 and 2 concurrent crimes: Injury (determination of type): violent crime group-general injury (determination of the recommended area and the scope of recommendation), basic area (limited to four months to one year and six months): None of the special persons;

(c) The range of recommending punishment according to the standards for handling multiple crimes: the lower limit of six months to three years shall be six months of imprisonment, which is the lower limit of the basic crime; and the upper limit shall be two years of imprisonment, which is the upper limit of the scope of sentence for the first concurrent crime, 1/2 of imprisonment, which is 9 months of imprisonment and 1/3 of the upper limit of the scope of sentence for the second concurrent crime.

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