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(영문) 서울서부지방법원 2016.06.15 2016고합55
중상해등
Text

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

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

Reasons

Punishment of the crime

1. On October 23, 2015, the injured Defendant: (a) around 22:00, at the Defendant’s house located in Mapo-gu Seoul Mapo-gu Seoul, the victim D (the 70-year-old age) who was the Defendant’s grandchildren hump hump hump of the Defendant’s hand hump hump hump hump hump of the Defendant and the

During the victim's bodily stressed up, the victim resisted the victim's hair, and removed the defendant's hand from the victim's right hand, thereby making the victim's right hand off the 5 water surface, which requires approximately 8 weeks of treatment for the victim's right hand, and caused the victim's permanent disability, which is subject to restriction on the victim's movement at approximately 0 degrees of believers and 15 degrees of grains.

2. The Defendant assaulted, at the same time, at the same time and place as paragraph 1, the victim E (n, 43 years of age) removed and removed the victim’s head in the body of D, and in both hands, the victim’s head was shaking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of each prosecution against D or E;

1. A criminal investigation report (Submission of suspect DNA opinion);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D) (Evidence List 2)

1. Relevant legal provisions of the Criminal Act, Article 258(2) and (1) of the Criminal Act (the point of serious injury) concerning criminal facts, and Article 260(1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes provided for in a judgment heavier than punishment) shall be imposed;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: Imprisonment for not less than six months but not more than six years;

2. Application of the sentencing criteria;

A. In the judgment, the injury (the type of injury) (the injury (the type No. 2) in general as a group of violent crimes (the person subject to special sentencing) is mitigated: the efforts to recover the injury (the recommended territory).

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