(영문) 서울중앙지방법원 2015.02.11 2014고단9417

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(영문) 서울중앙지방법원 2015.02.11 2014고단9417

상해등

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A defendant shall be punished by imprisonment for one year.

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. On August 27, 2014, at around 04:00, the injured Defendant expressed the victim’s bath on the ground that the victim C (the age of 23) was fluored by the Defendant in a park located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the reason that the victim C (the age of 23) was fluored by the Defendant. On the hand floor of the victim, the victim’s hair was fluord with the victim’s hair, followed the victim’s hair, and the victim’s body was fluored by both hand, and the victim’s body was fluored by drinking and fluoring the victim’s hair.

2. The thief, at the time and place indicated in paragraph (1), stolen Defendant stolen the victim C’s ballon, who was in excess of the floor due to the Defendant’s assault, such as the assault under paragraph (1), in cash of KRW 65,00, and KRW 200,000 in the market value, Samsung Ggalthal ju, Samsung 3 mobile phone, 2 keys, and driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes governing body photographs;

1. Relevant Article 257 (1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. For the reasons for sentencing under Article 62-2(1) of the Social Service and Article 59 of the Act on Probation, etc., in the case where: (a) the mitigated area (including persons who have been specially mitigated), the mitigated area (including efforts to recover damage), the mitigated area (including those who have been serious to recover damage), or considerable damage has been recovered, the mitigated area (4 to 10 months) (4 to 10 months), the mitigated area (4 to 4 months), the mitigated area (4 to 10 months), the mitigated area of general property (4 to 10 months) [special mitigated] mitigated area of punishment (4 to 4 months), Article 59 of the Act on the Punishment, etc. of Juveniles: In April to 15 (decision of Sentence] without any specific reason, the victim is abused.

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