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(영문) 서울서부지방법원 2016.10.27 2016고합44
중상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016Gohap44] On December 21, 2014, the Defendant: (a) at a “D” restaurant located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “D”) around December 21, 2014, the Defendant: (b) caused an injury to the victim’s eye, i.e., the victim’s eye, 2 times at the right drinking; (c) the victim’s eye part, 2 times at the right drinking; (d) the victim’s eye, 2 times at the victim’s eye; and (e) the victim’s eye, 3 times at the right drinking; and (e) caused an injury to the victim’s eye, 47 years of age; and (e) the Defendant caused an injury to the victim’s eye, flick, and the external disorder.

[2016Gohap115] On March 13, 2016, the Defendant, at the “HHart club” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the reason that the victim I (56 years of age) had the right to dance for women known by the Defendant, was injured by the Defendant, on a single-time basis, at the time of the victim’s own drinking, three finites, the number of days of treatment of which cannot be known to the victim.

Summary of Evidence

[2016Gohap4]

1. Defendant's legal statement;

1. Statement of the police officer to E, F, and J;

1. Three copies, such as an initial medical certificate, each medical certificate, a certificate of release from a entrance, a certificate of duplicate of medical records, each medical certificate, each medical certificate, and a medical certificate, each other (2016 high-level 115);

1. Defendant's legal statement;

1. Statement by the police officer of I;

1. A detailed statement on processing reports on occurrence of violence and reports filed in 112;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 258 (2) and (1) of the Criminal Act, Article 258 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a serious serious serious injury);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 15 years;

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

A. The scope of the serious injury (type 2) (the person who is a special person) and the non-influence of the punishment for serious injury (type 2) (the scope of recommendation), the mitigated area of imprisonment, the lower limit of the punishment from one year to June 1, 200 exceeds the lower limit of the recommendation punishment.

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