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(영문) 서울북부지방법원 2018.10.25 2017고단3914
상해등
Text

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

Reasons

Punishment of the crime

1. Around July 22, 2017, the Defendant assaulted on July 9, 2017, the victim C (V, 55 years of age) in Seongbuk-gu Seoul Metropolitan Government on the following grounds: (a) while drinking in D cafeteria, the Defendant was arguinging the issue of payment for the value of food to the victim and the victim; (b) was shaking the victim’s head collection; (c) was boomed twice the victim’s head was frightened; and (d) was frightd to the victim, which is a dangerous object in the restaurant at that place.

2. In the time, at the time, at the place specified in paragraph 1, the injured Defendant: (a) prevented the Defendant from stopping the victim E (the 31 years of age), and (b) caused the victim to undergo approximately two weeks of treatment by means of smugglinging the body of the victim and scinginging the head, scinginging the head, etc.

3. The Defendant, at the time and at the place specified in paragraphs 1 and 2 above, inflicted assault as set forth in paragraphs 1 and 2, and destroyed the unclaimed cell phone at the market price, which is the victim F, who was placed on the table of the said place, by gathering the unclaimed cell phone on the floor, by destroying it.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to C, E, and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (G hearing reports);

1. Relevant legal provisions concerning criminal facts, Articles 261, 260(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment with labor;

1. The degree of violence committed by the defendant on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is not weak.

The victims are punished.

The defendant is currently missing.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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