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(영문) 서울남부지방법원 2017.02.02 2016고단5967
상해
Text

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

Reasons

Punishment of the crime

On May 7, 2012, around 02:35, the Defendant misleads the victim D (n, 64 years of age) to have been put in this gambling room on the front side of Yeongdeungpo-gu Seoul Metropolitan Government (n, 64 years of age) and brings to the misunderstanding that there is no main agent, and led the victim to restrain it and the victim as a Si guard, and the victim “I am why you want to go in this year.”

“Along with a brush and a brupter’s hand, the victim’s brut, her brut, etc. followed by 5-6 times to inflict bodily injury, such as cutting down the right brut, cutting down the brut, and cutting down the brut for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. On-site dispatch reports;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury and an investigation report (a report accompanied by photographs of injury to victims);

1. Grounds for sentencing under Article 257 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria;

(a) Determinations of types: [18] Violence, 01. General Bodily Injury (Type 1] General Bodily Injury;

(b) Special sentencing factors: Aggravation factors (serious injury).

C. General sentencing factors: None.

(d) Scope of recommendation: Aggravation, six months to two years; and

3. Determination of sentence: A sentence of imprisonment with prison labor for 8 months [ favorable circumstances] old / her old / her old / her old / her very serious injury (after the lapse of one month from the date of the accident in this case, the victim still has been present at her jum and her jum, and the victim still remains at her jum and her leg), the victim's unagreement on March 30, 201, a fine of 50,000 won due to an assault on November 3, 2008, and a fine of 300,000 won due to an injury on May 30, 2006, each of which was punished by a fine of 10,000 won due to a crime of assault on May 30, 2006, and has been punished by a suspended sentence or more.

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