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(영문) 서울동부지방법원 2017.06.16 2017고단1196
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On October 13, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for property damage at the Seoul Eastern District Court on April 21, 2016, and the judgment became final and conclusive, and is currently under the grace period.

[Criminal facts]

1. On February 4, 2017, the Defendant: (a) around 20:52, around 20:4, 2017, at the “D main point for operation of Gangdong-gu Seoul Metropolitan Government Victim B Victim C (V, 62 years of age)”, the Defendant: (b) took the remainder of the victim under the influence of alcohol as his/her hand; (c) taken a hand-time check for the victim, thereby taking approximately 2 weeks of treatment; and (d) took part in a shoulder and sprink for the victim.

2. Special injury Defendant: (a) at the date and place specified in paragraph 1, the victim E (53) who is a customer; and (b) the victim E (53) of this case.

The victim's left-hand eye is knicker disease, which is a dangerous object for the reason that it was called ", and the victim has a face room requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A medical certificate of injury and a medical certificate;

1. CCTV photographs and CDs;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 257 (1) (the occupation of an injury) of the Criminal Act in Article 257 of the same Act concerning the facts constituting an offense, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

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. The defendant's liability for a crime is heavy because the contents of the crime are dangerous, such as breaking the victim into a shoulderer bottle who commits a crime during the period of suspension of execution and is a dangerous object, which is, the same kind of criminal conviction for the reason of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount of punishment.

However, in consideration of the fact that confessions are reflected in contingent crimes, payment of agreed money to all victims, and the victims desire to take the ship's wife, the following sentence shall be sentenced to mitigated punishment.

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