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(영문) 서울동부지방법원 2016.11.29 2016고단3638
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 9. 25. 04:39경 서울 강동구 B 앞 노상에서, 피해자 C(22세)와 피해자 D(23세)가 피고인의 일에 간섭하였다는 이유로 시비가 되어 주먹으로 위 C의 얼굴을 1회 때린 후 옆에 있던 위 D에게 다가가 팔로 D의 목을 때린 다음 손으로 바닥에 넘어진 D의 얼굴을 1회 때리고 발로 D의 머리를 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim C, on the part of the internal body, which requires approximately three weeks of medical treatment, and on the part of the infant who needs approximately two weeks of medical treatment, and on the part of the victim D, on the part of the victim D, on the part of the climatic base, which requires approximately three weeks of medical treatment, and on the part of the dynamic flood infection, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. For the reasons for sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Punishment of Specific Crimes, Article 62(1) of the Act on the Punishment of Specific Crimes, Article 62(1) of the Act on the Punishment of Specific Crimes, which has no basic area [the scope of recommendation] [the scope of general injury] No. 1 area (the general injury) [the scope of recommendation] and Article 62(1) of the Act on the Punishment of Specific Crimes [the scope of final sentence according to the aggravated punishment that has no special person]: 4 to 2 months (the decision of sentence]; 8 months; 2 years of suspended sentence; 2 years of suspended sentence, the victims committed violence against the victims; 2 years of such crime; the defendants denied the crimes at an investigative agency immediately after the crime; and the victims want to punish the defendants.

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