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(영문) 제주지방법원 2016.11.21 2016고단477
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant: (a) around 00:40, the Defendant, at Cranchi City B, Garan and the victim E (the age of 55) expressed a bath to his employees; (b) took care of the victim E face in drinking; (c) continued to take care of the victim D’s face due to drinking, etc.; and (d) suffered injury to the victim E, such as an injury of an external cerebrovascular, which requires approximately 4 weeks of medical treatment; and (e) cerebrs, which requires approximately 18 days of medical treatment to the victim D, respectively.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, F, and E;

1. A report and photograph of the investigation;

1. Application of Acts and subordinate statutes to the medical certificate of injury and reply 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. 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. A person subject to reduction of punishment (including serious efforts to recover damage) in the basic area (4 to 1.6 months) of types 1 (the scope of recommendations) and basic area (4 to 1.6 months): A person subject to reduction of punishment in the case of a person subject to reduction of punishment in the case of a person subject to reduction of punishment (including serious efforts to recover damage) or in the case of recovery of considerable damage: a person subject to serious injury (1 to 4 types): a second crime (the scope of recommendations) in the basic area (4 to 1 year and 6 months) (4 months) of the basic area (4 to 1 year and 6 months) of the personal injury (a person subject to special aggravated punishment) in the sentencing guidelines: April to February: March;

2. Determination of sentence: The Defendant’s age, character and conduct, environment, means and consequence of the crime, circumstances after the crime, sentencing cases in similar cases, and various other conditions of sentencing specified in the instant pleadings are considered. In particular, the following circumstances are considered: (a) the Defendant, without any particular reason, was injured by the victims of the early death; and (b) the degree of injury suffered by the victims E is very poor; (c) however, the Defendant paid medical expenses to the victims.

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