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(영문) 서울남부지방법원 2013.04.10 2012고단4356
상해
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On April 6, 2011, the Defendant sentenced the Gwangju District Court to six months of imprisonment for the obstruction of performance of official duties, and completed the execution of the sentence in the Gwangju Prison on June 21, 201.

On October 20, 2012, at around 05:58, the Defendant: (a) reported the victim D (70 years of age) who was a security guard to the police when entering the first floor guard room of the Yeongdeungpo-gu Seoul Metropolitan Government building, and (b) reported the victim’s face to the police without any justifiable reason; (c) caused injury to the victim, such as fladrosis and fladrosising the victim’s face, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each injury diagnosis letter;

1. Investigation report (to hear victim's D phone statements);

1. Previous convictions in judgment: Application of criminal records, investigation reports (written judgments and current status of release) and statutes;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has the record of having been punished several times as the same type of crime. In particular, the crime of this case without being aware of even though it is a repeated crime period, and the victim's degree of injury is not less severe, efforts are not made to recover from damage. The punishment shall be determined by taking into account the sentencing conditions such as the circumstances before and after the crime of this case, the defendant's age, character and conduct, environment, etc., even after receiving the writ of summons of the defendant.

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