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(영문) 서울동부지방법원 2017.01.19 2016고단3214
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 26, 2016, around 20:25, the Defendant injured the victim D (hereinafter “E”) in Gwangjin-gu Seoul Special Metropolitan City on the issue of payment of the drinking value with the victim, and caused the victim’s face by drinking on three occasions on the ground that the victim’s face is bad, and caused two to three times the head of the woman’s head to 2 to 3 times, and the victim’s head cannot be identified, on the ground that the victim’s head cannot be identified.

2. The Defendant continued to commit a special assault, as stated in the above paragraph 1, committed an assault against the victim F (55 years), who is another customer of the said main point, while exercising the violence. The Defendant, who was in the process of exercising the violence, was frightened from the victim F (55 years).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to written statements, photographs, each investigation report (including attached papers), and diagnosis reports;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Articles 261 and 260 (1) (a point of special assault and choice of imprisonment with labor) of the Criminal Act concerning the facts constituting an offense;

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

1. For reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume, each of the instant crimes shall be determined as ordered by taking into account all the circumstances, such as the following: (a) the nature of the relevant crime is not good in light of the risk of the method of crime; (b) the victims have not received suspicion; (c) the criminal records of the same kind and several times; and (d) the Defendant’s age, sex, criminal conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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