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(영문) 서울중앙지방법원 2017.09.28 2017고단5449
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:41 on April 29, 2017, the Defendant: (a) brought a dispute with the victim B (61) and the taxi fare in front of the Korean bank located in Dongjak-gu Seoul Metropolitan Nowon-ro, Dongjak-gu; (b) brought the dispute from the head of the Gap-si taxi; (c) assessed three times the face and body of the victim seated in the driver’s seat; and (d) assessed three times the victim’s face and body seated in the driver’s seat, and put the victim on the right side, which requires approximately two weeks of treatment.

2. Around 00:45 on June 30, 2017, the Defendant: (a) was drunk at the entrance of the Dongjak-gu Seoul Metropolitan Government C Market Parking Lot; (b) without any reason, the Defendant destroyed the part on the right side of the E-Saran and the E-Saran in the front of the E-Saran car owned by the victim D, which was operated by the victim D; and (c) caused damage to the Non-repair of the repair cost.

3. The Defendant, at the time, at the time, at the time, and at the place specified in paragraph 2, assaulted the victim F (53 years old), who was a security guard at the above C market, to restrain the act of disturbance as referred to in paragraph 2, and assaulted the victim’s face and breast part at one time each.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written statements of G, D, and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing the destruction of black boxes, video CDs, and vehicles damaged by victims D;

1. Relevant Article of the Criminal Act and Articles 257 (1), 260 (1), and 366 of the Criminal Act (Selection of Imprisonment with prison labor) concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Crimes No. 1 in the sentencing guidelines [the scope of recommending punishment] general injury [the scope of recommending punishment] and the mitigated area of Type 1 in the mitigated area (No. 1 in February to 1 in year] [the scope of recommending punishment] ii in the basic area (no. 1 in February to 10 in general) (no. 1 in case of violence) (the scope of recommending punishment] 3 in the absence of the basic area (no. 1 in February to 10 in general) (the scope of recommending punishment] / [the scope of recommending punishment] / the mitigated area (no. 1 in month to 6 months in general) [the person subject to special mitigation].

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