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(영문) 서울동부지방법원 2014.11.21 2014고단2324
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On September 6, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) in the Daegu District Court’s Ansan Branch on September 6, 2012 and three years of suspension of execution on April 26, 2014, and the judgment becomes final and conclusive on April 20, 2014, and

On August 6, 2014, at around 10:0, the Defendant, at the second floor of the D Public Notice Hostel in Seongdong-gu Seoul, the victim E (the age of 43), expressed the phrase “to set a locked voice” from the victim E (the age of 43), and took a bath to the victim, and received the victim’s snow part of the victim’s eye with his end.

Accordingly, the defendant suffered from the injury of the victim, such as her eyebrow, due to the tear of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The defendant's reasons for imposing selective sentence of imprisonment with prison labor are not only criminal punishment such as multiple times for the same kind of crime, but also the crime of this case is committed at the same time without being aware of it during the period of probation, and the victim's failure to recover from damage is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected against the defendant, and that it appears to have reached the crime of this case by contingently while the victim and vagabonds reached the crime of this case is favorable to the defendant.

In this context, all the conditions of sentencing, including the circumstances after the crime, the age, character and conduct, family environment, etc., shall be comprehensively taken into account the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (the basic area of violence crimes, April to June), and the sentence shall be determined as per the order.

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