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(영문) 서울서부지방법원 2017.06.14 2017고단1123
상해
Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment for an injury at the Seoul Western District Court on August 13, 2014, and completed the execution of the said sentence at the Seoul Southern District Court on February 10, 2015.

【Around April 18, 2017, the Defendant: (a) around 20:10 on April 18, 2017, on the alleyway near the Eunpyeong-gu Seoul search elementary school 129 search, and (b) on the ground that the victim C (46 years of age) who faced with opposite and opposite to each other, and shoulder, expressed the victim’s desire to do so; (c) twice the victim’s face was taken two times in drinking and drinking, and followed the victim’s face, and the number of days of breast, etc. were taken back to the victim, the Defendant inflicted injury on the victim, including the victim’s face, bones, bones, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A report on investigation (Attachment of a medical certificate);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on confirmation of repeated crimes);

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the Defendant committed the instant crime during the period of the same repeated crime even under several times, including the past record of punishment for the same kind of crime as the sentencing of Article 35 of the Criminal Act for aggravated repeated crime, and that there is no measure to recover damage even though the degree of damage is considerably significant, a severe punishment is imposed. However, the sentence is determined as ordered by taking into account the fact that the Defendant’s mistake is against himself/herself, the Defendant’s age, sexual behavior, environment, etc., and the sentencing conditions indicated in the record.

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