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(영문) 서울남부지방법원 2018.11.21 2018고단707
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On December 2, 2017, around 23:10 on December 2, 2017, the Defendant met with F(36) and shoulder in front of the “E cafeteria” located in Guro-gu Seoul Metropolitan Government D, and met with “I wish to be satisfe, satfe, sat.”

The purpose of “the victim G (33 tax) was to attract F’s f’s bat and f’s face with the hand floor while taking a bath to the effect that “” was “the victim G f’s face was taken as drinking, and the victim G f’s face was inside the mouth where the number of days of treatment cannot be identified.

On the other hand, the Defendant continued to have the face of the Victim H (33 Doh) who meets fighting in the future, and sustained injury to the Victim H, which requires treatment for about 56 days.

Accordingly, the defendant injured the victim G and H respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. A protocol concerning the examination of each police officer in relation to H, F, and G;

1. G statements;

1. On-site dispatch reports;

1. The investigation report (the suspect F who was suffering at the time of the instant case) and his photograph;

1. Investigative report (Submission of a medical certificate for H injury), and medical certificate for injury to H, written confirmation for release from injury, and written confirmation for payment of medical expenses;

1. Application of Acts and subordinate statutes to photographs of persons under consideration;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense (the point of injury and the choice of imprisonment);

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. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, general injury (the scope of general injury) in the basic area (the period from April to one year) (the period from January to June) (the period of special mitigation)] / the serious injury (the period of 1 and four types) of punishment;

2. The criminal act of this case, the sentence of which is determined, is the case where the defendant inflicts an injury upon the face of the victims.

In particular, the victim H was seriously injured by the degree of needing treatment for a period of 56 days, and the victim suffered considerable pain in the course of the treatment.

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