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(영문) 의정부지방법원 2018.11.08 2018고단1909
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 2, 2018, the Defendant: (a) around 17:04 on March 2, 2018, 2018, the Defendant sent the victim’s face to the foresee that the victim B (53 years old) who was a dead village will want to serve a sentence in the Dobcheon-si, Dobcheon-ro, 228, and the Dobcheon-do taxi platform in the Dobcheon-gu, Dobcheon-gu, Dobcheon-gu, Dobcheon-do, would take care of the victim’s face without doing so; and (b) brought the victim’s face to the foresee the fore part of the fore part part of the fore part part part of the fore part part part of the treatment.

On August 28, 2018, the Defendant, at around 21:10 on August 28, 2018, suffered bodily injury on the chins and tensions that require approximately two weeks of treatment to the victim, on the ground that the victim E (n, 55 years of age) who is an employee in the “D” restaurant located in Dongducheon-si C (hereinafter referred to as “D”), did not answer to it.

Summary of Evidence

"2018 Highest 1909"

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. On-site and photographs of victims and data to take a CCTV course;

1. Photographs photographs of the parts of the victim's injury " 2018 Highest 3886";

1. Statement by the defendant in court;

1. E statements;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on CCTV photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to one year.

(a) Class 1 Crimes (Bodily Injury) (Scope of Recommendation) and No. 1 Crimes (General Bodily Injury) in the basic area (from April to January 1) (no person in special sentencing)

(b) The scope of the final sentence due to the aggravation of multiple crimes in the case of Class 2 (Bodily Injury) (the scope of the recommended punishment) in the mitigated area (2-10 months) (2-10 months) (including serious efforts to recover damage), the punishment not for the person subject to special mitigation), or the recovery of considerable damage: April to November 1.

3. Determination of sentence: Imprisonment with prison labor for a period of ten months and the following circumstances:

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