logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.19 2018고단2489
상해
Text

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

Reasons

Punishment of the crime

1. The Defendant, on December 13, 2012, was sentenced to imprisonment for rape, etc. by the Seoul Central District Court on two years and six months on March 26, 2015, and completed the execution of the sentence in the Ansan Prison.

2. On March 24, 2018, the Defendant committed a criminal act: (a) around 22:40 on March 24, 2018, while attending a group of friendship in the singing rooms located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, and 12, the Defendant: (b) was able to control the victim F (e.g., 5 years of age); and (c) said, the Defendant was able to control the victim from the victim F, thereby making the victim go beyond the victim’s chest by pushing the victim’s chest by hand.

As a result, the defendant suffered an injury to the victim in the upper half of the upper half of the world, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Records of judgment: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, etc. (A), investigation report (crime, etc. during the period of repeated crime), personal confinement status, sentence, etc.;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment for one to fourteen years;

2. Application of the sentencing criteria;

(a) Determination of types: General Injury>> (No. 1) General Injury>

(b) Special sentencing factors: The person who committed serious injury or [aggravating factors] willful misconduct; or

(c) The sphere of recommendation and the scope of recommendations: Basic field, imprisonment for not less than four months, but not more than one year and six months; and

3. Determination of sentence;

(a) Unfavorable circumstances: The defendant recommits the crime of this case even though he/she had a record of criminal punishment for violent crimes several times;

(b) A favorable circumstances: The fact that the defendant seems to have reflected in the instant crime while recognizing it; and

C. The defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the arguments in the instant case.

arrow