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(영문) 서울서부지방법원 2014.09.30 2014고단1922
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 3, 2014, around 06:10 on July 3, 2014, the Defendant: (a) moved the victim D (year 71) before the Eunpyeong-gu Seoul Building 402, to open the entrance door of the victim 402; (b) carried the victim E (age 74)’s knick, without any reason, and carried the victim E (age 74)’s knick.

As a result, the defendant set the victim D's non-treatment of the treatment days, and the victim E's non-treatment of the treatment days, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Photographs of the victim;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] general injury (the scope of recommending sentence] under Article 62(1) of the Act on the Suspension of Execution. The sentencing criteria of this case against the defendant are as follows.

Even before the instant case, prior to the Defendant, the Defendant was an act of assaulting a neighbor and a trial expense, and the victims complained of fear of fear to the Defendant, and the Defendant appears to reflect his mistake through detention for a certain period of time, and the Defendant’s attitude to reflect his mistake is determined as the sentence of the instant punishment by taking into account all the circumstances, such as the Defendant’s age, character and conduct, and environment, which are the conditions for the sentencing of the instant case.

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