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(영문) 서울남부지방법원 2017.01.23 2016고단4640
상해등
Text

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

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

Reasons

Criminal facts

1. On September 16, 2016, around 22:45, the injured Defendant was placed at the front of “D cafeteria” near Yangcheon-gu Seoul, Yangcheon-gu, Seoul. On the ground that the victim B (64 years) (the representative driver) who was driving the Defendant’s vehicle did not have a way to the Defendant’s desire, and was placed at the expense of the victim two times of the victim’s face on the hand floor, the Defendant was placed at the seat and tension of the chill that requires approximately two weeks of treatment for the victim.

2. At the time and place set forth in paragraph 1, the Defendant, even after assaulting the victim, by acting as the victim by taking out the shield (No. 1), which is a dangerous object within his/her troke line, even after assaulting the victim, and by acting as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness B;

1. B written statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

Section 284, and Article 283(1) of the Criminal Act (Special Intimidation)

O. Imprisonment selection)

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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of recommendations] 1] Violence (Type 1] / [the basic area of causing general injury: April 1 to June 2] In special intimidation (Type 4 : Special : June 1 to June 1], and 1] 2] None of the basic area of intimidation (the handling of multiple crimes) [the sum of 1/2 of the upper limit of punishment as to special intimidation (as for September 2): June 2 to March 1 [the sentence]; the degree of violence exercised; the recovery of damage; the circumstances that the defendant seems to have reached a contingency under the influence of alcohol; and the circumstances that the defendant's age, sex, career, and circumstances after oral argument are revealed in the course of the crime of this case.

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