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(영문) 수원지방법원 2014.05.14 2013고단7185
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 23:00 on September 20, 2013, the Defendant: (a) assaulted the Victim C (the 20-year-old) around the CU convenience store located in Young-gu, Young-gu, Young-gu, 595, on the ground that the Victim C (the 20-year-old) committed a daily act against the Defendant; (b) assaulted the Victim C, such as the victim’s head debt fright, breaking the victim’s head, head, etc.; and (c) assaulted the victim D (the 20-year-old-old-old) with his head, head, etc.; and (d) assaulted the victim C at three times the face of the victim D; and (e) assaulted the back part of the me part of the detailed body part in need of treatment for about two weeks; and (e) inflicted injury on the victim D, such as cutting the body frame consent requiring approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: Serious injury to D (determination of types), violent crime group-general injury [the scope of decision and recommendation in the recommended area] increased area (six months to two years of imprisonment): serious injury;

(b) Concurrent Crimes: Bodi injury to C [Determination of types] violent crime group-general injury [Scope of Determination of the recommended area and of the recommended punishment] mitigated area (two months to one year), excluding special mitigation factors: Ad hoc punishment;

(c) Scope of recommending punishment according to the standards for handling multiple crimes: Six months to two years (six months, which is the lowest limit of basic crimes, and the upper limit shall be included in two years, which is the maximum limit of sentence range of basic crimes, and six months, which is 1/2 of the upper limit of sentence range of concurrent crimes);

3. The defendant's decision of sentence is divided by mistake, deposited KRW 500,00 for the victim D, and agreed with the victim C.

However, the degree of injury suffered by the victim D is more severe, and the victim D has not yet agreed.

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