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(영문) 서울동부지방법원 2014.11.13 2014고단2769
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 26, 2012, the Defendant was sentenced to a suspended sentence of three years in January 3, 2013 at the Seoul Eastern District Court for a violation of the Punishment of Violences, etc. Act (a crime of injury by group, deadly weapons, etc.) and became final and conclusive on January 3, 2013.

On August 19, 2014, the Defendant, at around 00:40 on August 19, 2014, 2014, heard the victim C (the age of 52) who was able to know the name and drinking in the Drweweg Park Park, Songpa-gu, Seoul, and the victim C (the age of 52) who was drinking alcohol, kidd the victim's breast part in his own talk, and caused the victim to inflict an injury, such as a susbia, which requires treatment for about 20-30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the C’s statement part);

1. Statement to C by the police;

1. A medical certificate of injury, and a victim photograph;

1. Previous records of judgment: Application of criminal records, investigative reports, written judgments, and copies of judgment to statutes;

1. The reason for sentencing of Article 257 (1) of the Criminal Code of the pertinent Article on criminal facts [the range of recommending punishment] general injury (the range of recommending punishment] where mitigation area (2-1 year), mitigation area (2-1 year), exemption from punishment (including serious efforts to recover damage) or considerable damage has been restored (the decision of sentence] The crime of this case is a crime in which the defendant injured a victim during time, and the defendant recognized and divided the crime; the defendant committed a contingent crime; the defendant committed a crime in favor of the victim; and the fact that he agreed with the victim is favorable.

However, the Defendant again committed the instant crime even though he/she was subject to a fine for the same crime committed during the period of suspension of execution, which has been punished by a fine due to the same kind of crime, and the same crime committed during the period of suspension of execution due to the same crime (referring to a crime committed in which the victim gets off the victim's body by a so-called scopic disease and snow, etc. by a so-called scopic disease), and considering that the degree of injury is not easy, the above favorable circumstances and the Defendant

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