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(영문) 서울북부지방법원 2017.02.03 2016고단3789
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Eastern District Court on October 16, 2013 and completed the execution of the said sentence in the original prison on June 3, 2014.

[2] The Defendant, while having weak ability to discern things or make decisions due to alcohol dependence on August 5, 2016, in light of the fact that: (a) around around 13:10 on August 5, 2016, the Defendant: (b) on the alley-gu Seoul Metropolitan Government C C C C C C C C C C, which is an alternative engineer, the victim D (24 tax) who parked on the alleyway for the purpose of this delivery and gave inconvenience to the traffic by parking the vehicle on the alleyway; (c) kids with the front offender of the above vehicle, and (d) the victim expressed desire for the victim; and (d) the victim continues to “I would move the vehicle only” and “I would have no parent, even if there is no parent,” and (e) whether the victim is “I will do so.

In light of the above, the victim’s face was sealed by her head, and the victim’s neck was shaken by her hand, thereby causing injury to the victim, such as rashing a rash, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (the current status of confinement of a suspect and attachment of a judgment) and the status of confinement of an individual attached thereto, and application of statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical weakness [the scope of recommending punishment] general injury [the scope of recommending punishment] under Article 10(2) and Article 55(1)3 of the Criminal Act, basic area (from April to January 1) [the person who is specially mitigated] mental and physical weakness (the person who is not responsible for himself] / Determination of sentence] the criminal history of the defendant (determination of punishment), motive for the crime, the health condition of the defendant, and the living environment of the defendant.

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