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(영문) 서울남부지방법원 2019.06.26 2019고단1799
상해등
Text

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

Reasons

Punishment of the crime

1. On April 6, 2019, at around 22:45, the Defendant, at the home of the Defendant located in Gangseo-gu Seoul Metropolitan Government on April 6, 2019, brought a dispute between the victim C (58 years of age, her wife) and his wife due to living expenses, and brought an injury to the victim, such as the face, hair, head, neck, chest, arms, leg, etc. of the victim, taken the victim's face, her hair, hair, arms, leg, etc., with the victim's hand, and sustained the victim's face and body that had been taken by drinking, for about two weeks of treatment.

2. The Defendant, as a result of the foregoing act, avoided the 112 report from the police officer, went out of the police officer, went back to the house again, and returned to the house on April 7, 2019, the Defendant used the victim’s face at the same place as above, “whether there is a reason to collect money to return to the singing and selling it,” and used the victim’s face at several times by drinking, and used the victim’s arms, chests, etc. by cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of photographs of assaulting victims), and photographs of the injured part of the victim;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (limited to the sum of the long-term punishments of the above two crimes) of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

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

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with prison labor from April to June;

(b) Second Crimes (decision of types of violence) (decision of types) violence crimes, 03. Violence crimes [Type 1] general violence.

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