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(영문) 서울북부지방법원 2018.08.23 2018고단1486
상해
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

1. On March 17, 2018, the Defendant: (a) around 22:00, the Defendant, at the home of the Defendant’s apartment in Seoul Special Metropolitan City, Nowon-gu; (b) at the Defendant’s house located in Dong 306 and 1506, sent the victim’s face, face, distribution, etc. due to drinking and crying; and (c) sustained the victim’s injury, etc. for three weeks, by breaking the victim, on the ground that he/she talks with the victim D (Vs, 27 years old); and (d) he/she inflicted an injury on the victim, such as a snow pool and an open body around the snow that requires three weeks of treatment.

2. On December 26, 2017, the Defendant called “Chewing” on the ground that he was about 03:10 of the F restaurant located in Nowon-gu in Seoul Special Metropolitan City, for the reason that he was about 47 years old and brought about a dispute with his female-friendly Gu, and that he was about 5 years old, and that he was about 2 weeks old and she was about 10 days old and she was about 10 years old and she was about 10 years old.

Summary of Evidence

[2018 Highest 1486]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of the victim taken by the police officer in charge of mobilization;

1. A written diagnosis of injury (2018 high group 2110);

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or D;

1. Statement made by the police with H;

1. A written statement prepared in the I;

1. On-site reports (CCTV perusal and reproduction), CCTV CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

(a) A crime No. 1 [the scope of a recommended sentence] general injury (the scope of a recommended sentence] where the mitigated area (two months to ten months) [the person who has been specially mitigated] the punishment not for the punishment (including serious efforts to recover damage), or considerable damage has been recovered;

(b) A Class 2 crime [the scope of a recommended punishment] general injury (the scope of a recommended punishment) where the mitigation area (two months to ten months) [the person who has been specially mitigated] penalty is not imposed (including a serious effort to recover damage), or considerable damage has been recovered;

(c)...

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