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(영문) 서울남부지방법원 2015.08.11 2015고단2250
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 1, 2009, the Defendant was sentenced to five years of imprisonment with prison labor for rape, etc. at the Seoul Southern District Court on March 21, 2014, and the execution of the sentence was completed in the first prison of the Northbukbukbu District Court on March 21, 2014, and on June 4, 2015, the Defendant was sentenced to a fine of eight million won for obstruction of performance of official duties by the Seoul Southern District Court and is still pending in the appellate trial.

At around 00:50 on June 13, 2015, the Defendant: (a) at the street in front of the “Jnobydo” located in Gangseo-gu Seoul Metropolitan Government I; (b) on the ground that the victim K (n, 52 years of age) who had been temporarily living together prior to being able to make a false statement to himself/herself without having his/her own phone; (c) sent the victim’s face one time by hand; (d) the victim followed the Defendant into the “Jnobydo”; (d) followed the Defendant into the “victim”, followed the victim, and followed the victim to take the face of the victim’s head and face; and (e) took the victim’s side to walk the victim’s face on his/her hand; and (e) continued to walk the victim’s face by hand; and (e) took a 14-day therapy of the victim’s s/he/she needs to take a knife treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of K and L;

1. A medical certificate of injury, and photographs of the injured party's body;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the date of release from the court), identification of personal identification and confinement status, application of respective Acts and subordinate statutes;

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 [the scope of recommending punishment] general injury (the scope of recommending punishment) where the mitigation area (two to one year), the mitigation area (a person who is a special mitigation (including a person who has made a serious effort to recover damage) or considerable part of damage has been reduced, or where the same repeated crime (a decision of sentencing) has been committed in agreement with the victim.

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