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(영문) 서울중앙지방법원 2014.07.04 2014고단1040
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 9, 2010, the Defendant was released on January 28, 2011, and on March 10, 2011, the parole period passed since the Defendant was released on January 28, 201, when he was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) in the Gangseo branch court of the Chuncheon District Court.

At around 03:00 on October 13, 2013, the Defendant: (a) stated that the victim C (at the age of 21) who was drinking alcohol together on the street prior to the Seocho-gu Seoul Seocho-gu Seocho-gu, Seocho-gu, Seoul, would first go in the house; (b) took the victim’s face and body over 4 to 5 times; and (c) took the victim’s face and body several times by hand and throw away; and (d) made it impossible to divide the victim’s body into the victim’s body after taking the head of the victim’s escape to continue to occur and taking the victim’s face into hand; and (e) made it impossible to take the victim’s face and neck on several occasions, the Defendant sawd the victim for approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness C in the protocol of examination of witness;

1. Statement of the police statement regarding C;

1. A criminal investigation report (Submission of a medical certificate for a victim);

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (pre-trial records, court rulings, etc.);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment: Imprisonment with prison labor for not more than 14 years;

2. Imprisonment with prison labor for the recommended sentencing criteria, four months - one year and six months (to select the basic area among the types of general injury);

3. Determination of sentence: Imprisonment with prison labor for six months: The fact that the victim committed the instant crime by using non-discriminatory violence for the reason that the victim got out of the defendant, and the nature of such crime is not good; the degree of injury is serious; however, the victim's injury has not yet been recovered; and the same crime is punished.

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