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(영문) 서울남부지방법원 2014.10.22 2014고단2729
상해
Text

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

Reasons

Punishment of the crime

Around 14:30 on May 30, 2014, the Defendant was drunk in front of the Geumcheon-gu Seoul Metropolitan Government C Apartment 1317, and the victim D (the age of 69) who is a resident of the above apartment was "I am her at the place where the elderly citizens are seated and her fluencing it," and the Defendant was her shouldered with the victim D, while she was in a dispute with the victim D, and she was her flaged twice at the right face of D with the victim D's flash and her hand.

피고인은 계속하여 위와 같은 상황을 목격한 위 D의 처인 피해자 E(70세)가 “왜 노인네를 때리냐”고 하면서 옷을 잡아당기면서 말리자, 우측 팔꿈치로 피해자 E의 가슴 부위를 밀어 그 곳 바닥에 엉덩방아를 찧게 하였다.

The Defendant, who continued to hear the above facts from adjoining residents, brought the victim F. F. (the 47 years of age) of the victim F. (the son) who is a father of the E, called “Is that Is that Is you would see.” The Defendant, while carrying out a dispute with the F. of the victim, led the victim’s head, leading the victim to the victim’s head, going beyond the floor.

As a result, the Defendant inflicted injury on the victim D on the part of the inner part of the inner part of the right side, which requires treatment for about two weeks, on the part of the victim E, on the part of the need for treatment for about three weeks, on the part of the victim E, and on the part of the victim F, on the part of the climatic dump, which requires treatment for about three weeks, and on the part of the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, E, and F;

1. Each injury diagnosis certificate;

1. Application of Acts and subordinate statutes to investigation reports (Evidence 13, 15, 17);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (the type of injury) [the general injury (the range of recommending punishment) and general injury (the scope of recommending punishment) shall be sentenced to four to one year and six months (the basic area).

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