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(영문) 서울서부지방법원 2018.06.08 2018고단1267
상해등
Text

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

Reasons

Punishment of the crime

1. On July 30, 2017, the injured Defendant: (a) around 07:00 on the 3rd floor parking lot of the AU building in Seocheon-si, Gyeonggi-do; (b) on the part of the victim, the injured Defendant was at the time of the victim’s head by hand; (c) forced the victim from the vehicle to get off the vehicle; (d) towed the victim’s arms and rear trees by hand; and (e) led the victim’s arms and rear trees by hand; and (e) caused the victim’s head, blue part of the blue with the victim’s head, blue with the victim’s blus, which requires treatment for about 14 days; and (e) caused the injury of the thalvine typhy in the part of the victim’s hand and blue blue with the victim.

2. The Defendant, at the time and place indicated in paragraph (1), detained the victim for about one hour by stopping the victim AV from the damaged vehicle, putting the victim into the vehicle by hand, placing the victim into the damaged vehicle, again preventing the victim from getting out of the vehicle by not later than 08:00 on the part of the damaged vehicle, such as getting off the vehicle by hand and inserting the victim far from the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol concerning AV;

1. A medical certificate;

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 276(1) of the Criminal Act (the point of confinement) and the choice of imprisonment, respectively, for the crime;

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. Scope of the recommended sentence;

(a) No. 1 Crimes (Bodily Injury) [Scope of Recommendation] General Bodily Injury (Bodily Injury to General) (one-one year from January to one year) in the area of special mitigation (Special Mitigation) (Special Contributors), minor injury, or non-guilty of punishment;

(b) In the case of releasing a victim to a safe place due to the Class 1 (General Criteria for Arrest and Confinement) in the area of special mitigation (one month to eight months) (special mitigation) of the two crimes (the scope of recommended punishment) (the person subject to special mitigation) (the person subject to special mitigation), the person is not subject to punishment;

2. The scope of final sentence due to the aggravation of multiple offenses: one month to one year and four months; and

3. Normal conditions favorable to the decision of sentence: The acts of reflecting a mistake and the acts disadvantageous to those agreed with the victim: the same kind of conditions; and

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